Cortez v. Nacco Materials Handling Group, 248 Or 435 (2012)

Holding:   While an LLC, acting as an employer, is shielded from lawsuits by the exclusive remedy provision of the workers’ comp statutes, that protection does not extend to members of the LLC.

1)  “In determining legislative intent, we consider the statutory text, context, and any relevant legislative history.” citing State v. Gaines. at p. 440.

2)   A Court cannot insert in the statute what has been omitted, or omit what has been inserted. citing a pre-Gaines case not named PGE v. B.O.L.I. at p. 440.

3)   If the legislature had intended to include members of an LLC in the exclusive remedy statutes, a review of other LLC statutes shows that it knew how to do so, expressly. at pp. 441-42.

4)   Case law supports the reasoning adopted, here. at p. 442.

5)   CLE materials are not authority of any kind. at p. 444.

6)   “Generally, commentary from a uniform act that the Oregon legislature has enacted is relevant” indicator of legislative intent. at p. 444.

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