Compromise and release of claim matters except for medical benefits
- approval by Administrative Law Judge or board
- approval by director for certain reserve reimbursements
- restriction on charging costs to workers
- restriction on joinder as parties for responsibility determinations
Source:
Section 656.236 — Compromise and release of claim matters except for medical benefits; approval by Administrative Law Judge or board; approval by director for certain reserve reimbursements; restriction on charging costs to workers; restriction on joinder as parties for responsibility determinations, https://www.oregonlegislature.gov/bills_laws/ors/ors656.html.
Notes of Decisions
Where aggravation claim was subject to settlement agreement disposing of all issues raised or that could be raised, recharacterizing claim as new injury did not place claim outside agreement. Safeway Stores, Inc. v. Seney, 124 Or App 450, 863 P2d 528 (1993)
Where aggravation claim was pending at time of original injury settlement agreement disposing of all issues that could be raised, claimant waived right to challenge later denial of aggravation claim by employer. Good Samaritan Hospital v. Stoddard, 126 Or App 69, 867 P2d 543 (1994), Sup Ct review denied
“All matters and all rights to compensation” includes third-party lien rights of insurers. Rash v. McKinstry Co., 331 Or 665, 20 P3d 197 (2001)
Terms of claim disposition agreement do not control claimant’s right to attorney fees when those fees derive from subsequent claim for medical services. Liberty Northwest Ins. Corp., Inc. v. Watkins, 347 Or 687, 227 P3d 1134 (2010)
Where claimant suffered compensable injury settled through claims disposition agreement under which claimant did not receive timely payment, claimant waived rights to attorney fees and penalties by using agreement because, under this section, agreement resolves every right to attorney fees and penalties that, in future, could arise out of claim. Stoltz v. Liberty Northwest Insurance Corporation, 284 Or App 575, 393 P3d 239 (2017)
Law Review Citations
32 WLR 217 (1996)
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