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SAIF v. COWART

No. A26834.

672 P.2d 389 (1983)

65 Or.App. 733

IN THE MATTER OF THE COMPENSATION OF LEON COWART, Claimant. State Accident Insurance Fund Corporation, Petitioner, v. Leon COWART, Respondent.

Court of Appeals of Oregon.

Decided November 30, 1983.

Attorney(s) appearing for the Case

Donna M. Parton, Associate Appellate Counsel, State Acc. Ins. Fund Corp., Salem, argued the cause and filed the briefs for petitioner.

Willard E. Merkel, Portland, argued the cause for respondent. With him on the brief were Gary M. Galton, and Galton, Popick & Scott, Portland.

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

WARDEN, Judge.

The State Accident Insurance Fund (SAIF) appeals from a "third party settlement" order of the Workers' Compensation Board that permitted allocation of $15,000 of a $65,000 settlement of claimant's action against a third-party tortfeasor to claimant's wife for her claim for loss of consortium. We reverse.

In June, 1981, claimant was injured in a motor vehicle accident while temporarily in California in the course and scope of his employment....

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