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LIBERTY NORTHWEST INS. CORP. v. URNESS

TP-90061; CA A87295.

909 P.2d 893 (1996)

138 Or. App. 388

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

Court of Appeals of Oregon.

Decided January 3, 1996.

Review Denied April 2, 1996.

Attorney(s) appearing for the Case

Jerald P. Keene, Tigard, argued the cause and filed the brief for petitioners.

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

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

Petitioners seek review of a third-party distribution order of the Workers' Compensation Board issued under ORS 656.593(3).1 They contend that the Board abused its discretion in determining a "just and proper" distribution of the settlement proceeds because it failed to consider and apply the policies of the Workers' Compensation Law. We affirm.

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