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ESTATE OF VANCE v. WILLIAMS

WCB TP-85007; CA A39127.

734 P.2d 1372 (1987)

84 Or. App. 616

In the matter of the Compensation of Robert B. Williams, Claimant. ESTATE OF Troy VANCE, Jr., Motorcycles of Ontario, and United States Fidelity & Guaranty Company, Petitioners, v. Robert B. WILLIAMS, Respondent.

Court of Appeals of Oregon.

Decided April 8, 1987.

Attorney(s) appearing for the Case

Kenneth Kleinsmith, Portland, argued the cause for petitioners. On the brief was Scott H. Terrall, Portland.

Michael McClinton, Salem, argued the cause for respondent. On the brief were Tim J. Helfrich and Yturri, Rose, Burnham, Ebert & Bentz, Ontario.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.

BUTTLER, Presiding Judge.

This workers' compensation case concerns the right of a paying agency to assert a lien for future expenditures against the proceeds of a settlement reached by claimant with a third party.

Claimant sustained a compensable injury and filed a claim for benefits, which employer accepted. He also elected to seek damages from a third party pursuant to ORS 656.578. His attorney negotiated a settlement with the third party's insurance carrier...

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