URNESS v. LIBERTY NORTHWEST INS. CORP.

TP-90061; CA A79870.

882 P.2d 612 (1994)

130 Or. App. 454

In the Matter of the Compensation of Theresa J. Lester, Deceased, Claimant. John C. URNESS, Personal Representative of the Estate of Theresa J. Lester, Deceased, Petitioner, v. LIBERTY NORTHWEST INSURANCE CORPORATION and Oregon Asphalt Paving, Respondents.

Court of Appeals of Oregon.

Decided October 5, 1994.


Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause for petitioner. With him on the brief were Gene B. Mechanic and Goldberg & Mechanic, Portland.

Alexander D. Libmann, Salem, argued the cause and filed the brief for respondents.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.


RIGGS, Judge.

Petitioner seeks review of the Workers' Compensation Board's distribution of settlement proceeds. ORS 656.298. He contends that the Board failed to exercise its discretion in determining a "just and proper" distribution of settlement proceeds in accordance with ORS 656.593(3). We reverse and remand.

The facts of this case are set forth in Liberty Northwest Ins. Corp. v. Golden, 116 Or.App. 64,

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