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TOOLE v. EBI COMPANIES

WCB TP-89003, TP-89022, TP-89010; CA A62038 (Control), A62117, A62386; SC S38434.

838 P.2d 60 (1992)

314 Or. 102

In the Matter of the Compensation of Charlene Toole, Claimant. Charlene TOOLE, by and through the PROFESSIONAL LIABILITY FUND, Respondent on Review, v. EBI COMPANIES, Petitioner on Review. In the Matter of the Compensation of Victor S. Lloyd, Claimant. Victor S. LLOYD, by and through the PROFESSIONAL LIABILITY FUND, Respondent on Review, v. PORT OF PORTLAND, Petitioner on Review. In the Matter of the Compensation of Roger L. Shephard, Claimant. Roger L. SHEPHARD, by and through the PROFESSIONAL LIABILITY FUND, Respondent on Review, v. EBI COMPANIES, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided August 20, 1992.

Attorney(s) appearing for the Case

Ridgway K. Foley, Jr., P.C., of Schwabe, Williamson & Wyatt, Portland, argued the cause for petitioners on review. With him on the petition was M. Elizabeth Duncan.

Deborah L. Sather, of Cooney, Moscato & Crew, P.C., Portland, argued the cause for respondents on review and filed the response to the petition.

PETERSON, Justice.

The question in these three consolidated workers' compensation cases is whether the statutory lien of an insurer or self-insured employer on the proceeds of an injured worker's recovery against a negligent third party extends to the proceeds of a malpractice action against an attorney based on the attorney's mishandling of the worker's third-party negligence action. We hold that it does.

Because our conclusion turns on statutory provisions...

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