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McINTYRE v. WRIGHT

No. 376-325; CA 19231.

634 P.2d 493 (1981)

54 Or.App. 248

Bonnie McIntyre, Respondent, v. Larry D. WRIGHT, Defendant, and State Accident Insurance Fund, Appellant.

Court of Appeals of Oregon.

Decided October 12, 1981.

Attorney(s) appearing for the Case

Darrell E. Bewley, Appellate Counsel, State Acc. Ins. Fund, Salem, argued the cause for appellant. With him on the brief were K.R. Maloney, Gen. Counsel, and James A. Blevins, Chief Trial Counsel, State Acc. Ins. Fund, Salem.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Al J. Laue, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

GILLETTE, Presiding Judge.

Respondent seeks to garnish Workers' Compensation benefits due defendant. The trial court granted a continuing garnishment against defendant's benefits for the lesser of 25 percent of the benefit or $255 per month. Defendant appeals. We reverse in part.

Defendant first contends that a creditor may not garnish Workers' Compensation benefits. Defendant is incorrect. See Satterfield v. Satterfield, 54 Or.App...

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