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STEINER v. E.J. BARTELLS CO.

(WCB TP98003; CA A102725)

13 P.3d 1050 (2000)

170 Or.App. 759

In the Matter of the Compensation of David A. Steiner, Claimant. David A. STEINER, Petitioner, v. E.J. BARTELLS CO., and SAIF Corporation, Respondents.

Court of Appeals of Oregon.

Decided November 8, 2000.

Attorney(s) appearing for the Case

Meagan A. Flynn, Portland, argued the cause for petitioner. With her on the brief was Pozzi Wilson Atchison, LLP.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance by respondent E.J. Bartells Co.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

WOLLHEIM, J.

The question in this workers' compensation case is whether the Workers' Compensation Board (Board) has the authority to order claimant's attorney to pay an unpaid lien amount out of the attorney's personal funds when the attorney had already disbursed the entire third-party judgment proceeds to claimant, SAIF Corporation (SAIF), and to himself for the costs and attorney fees of the third-party judgment. We hold that the Board is not authorized by statute...

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