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SAIF CORP. v. WRIGHT

WCB TP-88016; CA A51030.

795 P.2d 604 (1990)

102 Or.App. 598

IN THE MATTER OF THE COMPENSATION OF MARVIN C. WRIGHT, Claimant. SAIF Corporation, Petitioner, v. Marvin C. WRIGHT, Respondent.

Court of Appeals of Oregon.

Decided August 1, 1990.

Reconsideration Denied October 17, 1990.

Attorney(s) appearing for the Case

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David C. Force, Eugene, argued the cause for respondent. On the brief were Randy M. Elmer and Vick & Gutzler, Salem.

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

RICHARDSON, Presiding Judge.

SAIF moved the Workers' Compensation Board for an

"order requiring [claimant] and his attorney * * * to distribute to SAIF Corporation the sum of $36,324.24 as its [ORS 656.593] share of the (unapproved) third party settlement made in this matter."

The Board denied the motion on the ground that, because SAIF had denied the underlying claim, it was not the "paying agency" and...

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