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WORTHEN v. LUMBERMEN'S UNDERWRITING ALLIANCE

91-CV-0516; 91-CV-0596; CA A84846.

904 P.2d 1088 (1995)

137 Or. App. 368

In the Matter of the Estate of Robbie Wayne Worthen, Decedent. Dorothy WORTHEN, Personal Representative of the Estate of Robbie Wayne Worthen, Decedent, Respondent, v. LUMBERMEN'S UNDERWRITING ALLIANCE, INC., Appellant. In the Matter of the Estate of Robbie Wayne Worthen, Decedent. Dorothy WORTHEN, Personal Representative of the Estate of Robbie Wayne Worthen, Decedent, Respondent, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORPORATION, Northwest International Trucks and D-9 Construction, Inc., Defendants, and LUMBERMEN'S UNDERWRITING ALLIANCE, INC., Appellant.

Court of Appeals of Oregon.

Decided October 25, 1995.

Attorney(s) appearing for the Case

Kenneth L. Kleinsmith, Portland and Meyers, Radler, Replogle & Bohy, Tigard, filed the briefs for appellant.

G. Jefferson Campbell, Jr., Medford, filed the brief for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

RIGGS, Presiding Judge.

Lumbermen's Underwriting Alliance, Inc. (Lumbermen's), appeals from an order issued by a probate court. The order distributes the recovery obtained in a wrongful death action brought by a decedent's personal representative, who is also a workers' compensation claimant.1 We affirm.

The decedent was killed in a logging truck accident that arose out of and in the...

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