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RASH v. McKINSTRY COMPANY

(WCB TP-97009; CA A100576; SC S46514)

20 P.3d 197 (2001)

331 Or. 665

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

Supreme Court of Oregon.

Decided March 15, 2001.

Attorney(s) appearing for the Case

Meagan A. Flynn, Preston, Bunnell & Stone, LLP, Portland, argued the cause for petitioner on review. Robert K. Udziela, Pozzi Wilson Atchison LLP, Portland, filed the petition.

Alexander D. Libmann, Liberty Northwest Insurance Corp., Portland, argued the cause and filed the brief, for respondents on review.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, KULONGOSKI, LEESON, and RIGGS.

RIGGS, J.

In this workers' compensation case, claimant seeks review of a Court of Appeals' decision affirming a Workers' Compensation Board (Board) order. The Court of Appeals held that, notwithstanding ORS 656.236(1)(a) (set out below), the statutory lien rights of Liberty Northwest Insurance Corporation (insurer) on claimant's third-party settlement proceeds survived the parties' Claim Disposition Agreement (CDA). Rash v. McKinstry Co.,

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