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RASH v. McKINSTRY CO.

(TP-97009; CA A100576)

981 P.2d 343 (1999)

160 Or. App. 131

In the Matter of the Compensation of Benny H. Rash, Claimant. Benny H. RASH, Petitioner, v. McKINSTRY COMPANY and Liberty Northwest Insurance Corporation, Respondents.

Court of Appeals of Oregon.

Decided April 28, 1999.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for petitioner. With him on the brief were Gregory A. Bunnell, and Pozzi, Wilson & Atchison.

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

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

EDMONDS, P.J.

Claimant seeks review of a Workers' Compensation Board (Board) order ruling that insurer's lien rights, pursuant to ORS 656.580 and 656.593, on claimant's third-party settlement proceeds were not resolved by the parties' Claim Disposition Agreement (CDA). We review for errors of law, ORS 656.298(7) and 183.482(8), and affirm.

On June 16, 1994, claimant injured his neck and back while in the course and scope of his employment. Employer's insurer...

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