LIBERTY NORTHWEST INS. CORP. v. GOLDEN

WCB TP-90061; CA A68913.

840 P.2d 1362 (1992)

116 Or. App. 64

In the Matter of the Compensation of Theresa J. LESTER, Claimant (Dec'd). LIBERTY NORTHWEST INSURANCE CORPORATION and Oregon Asphalt Paving, Petitioners, v. Jill E. GOLDEN, Personal Representative of the Estate of Theresa J. Lester, Deceased, Respondent.

Court of Appeals of Oregon.

Decided November 4, 1992.

Reconsideration Denied January 13, 1993.


Attorney(s) appearing for the Case

M. Kathryn Olney, Portland, argued the cause and filed the brief for petitioners.

Gene Mechanic, Portland, argued the cause for respondent. With him on the brief were Goldberg & Mechanic, Portland, and W. Eugene Hallman and Mautz, Hallman, Pendleton.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.


RICHARDSON, Presiding Judge.

Petitioners seek review of a third-party distribution order of the Workers' Compensation Board issued under ORS 656.593(3). They contend that the lien provided under ORS 656.593(1) should be paid from the third-party settlement before any of the proceeds are allocated or distributed to any beneficiaries of the worker. They also contest the Board's calculation of the amount of the lien. We remand.

Theresa Lester (decedent) was killed...

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