Injured workers seek court ruling on rejected claims

Friday, Sept. 12, 1997 | 10:22 a.m.

But an attorney representing the State Industrial Insurance System asked the court Thursday to find that a 1995 law bars the workers from suing the agency for allegedly mishandling their workers' compensation claims.

Attorneys for the workers, including Jim Forrester, argued that the 1995 law shouldn't be applied retroactively.

Forrester, 61, is serving a six-year sentence for crashing his vehicle into a SIIS office and firing shots at state employees after his benefits were suspended.

The injured workers want jury trials on their claims for damages. But the 1995 law requires an administrative process on allegations of misconduct by agency employees.

"The bottom line is, what I'm asking for is accountability," said Forrester's lawyer, Howard Needham.

Katherine MacKenzie, an attorney representing the agency, said the court should find that the claims of Forrester and the other injured workers are barred.

The court will rule later on the case. During Thursday's argument, justices seemed to disagree whether the law should be applied retroactively.

Justice Charles Springer said the law was clearly retroactive, but Justice Bob Rose said if that was the legislative intent, the law should have plainly said so.

Justice Bill Maupin also questioned whether the law should be applied to the three cases. Taking away the right of the injured workers to sue is such a dramatic step that there should be clear intent from lawmakers that the law was meant to be applied retroactively, he said.

Forrester wants damages against the agency for mishandling his claim, and for injuries he suffered in his attack four years ago.

Needham said it was the negligence on the part of agency employees that caused Forrester to take the extreme action of driving his vehicle into the offices in July 1993 and fire shots at workers.

Forrester, shot and wounded in the incident, pleaded guilty in 1994 to four separate felonies.