Kmart Corp. v. Lloyd

In this review from a Workers’ Compensation Board’s order on remand, employer urges application of ORS 656.262(10) 1 as amended in July 1997, to reverse the Board’s ruling that employer is barred from denying claimant’s right knee condition. Claimant raises a constitutional challenge to the amendment under the Equal Privileges and Immunities Clause, Article I, section 20, of the Oregon Constitution. We reject the challenge and reverse and remand based on the retroactive application of ORS 656.262(10). 2

In April 1986, claimant stepped in a hole in employer’s parking lot and injured a toe on…