ORS 656.587 - Paying agency must join in any compromise

ORS 656.587
Paying agency must join in any compromise

Any compromise by the worker or other beneficiaries or the legal representative of the deceased worker of any right of action against an employer or third party is void unless made with the written approval of the paying agency or, in the event of a dispute between the parties, by order of the Workers’ Compensation Board. [Formerly 656.318; 1990 c.2 §34]

Notes of Decisions

Although board has authority to order approval of proposed settlement of third party action, board cannot restructure prior agreement of claimant and employer regarding settlement. SAIF v. Cowart, 65 Or App 733, 672 P2d 389 (1983)

Where claimant brought third party action combining compensable injury claim with other tort claims, paying agent’s lien was limited to recovery on compensable injury claim. Robertson v. Davcol, Inc., 99 Or App 542, 783 P2d 43 (1989)

Board may consider value of spouse’s loss of consortium claim as evidence of reasonableness of proposed settlement of claimant’s underlying claim. Weems v. American International Adjustment Co., 123 Or App 83, 858 P2d 914 (1993), aff’d on other grounds, 319 Or 140, 874 P2d 72 (1994)

Findings of settlement judge are no more binding than any other pieces of evidence and board may freely overrule such findings. Weems v. American International Adjustment Co., 123 Or App 83, 858 P2d 914 (1993), aff’d 319 Or 140, 874 P2d 72 (1994)

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Workers’ Compensation

ORS 656.587 Paying agency must join in any compromise

Notes of Decisions

Source

ORS 656.587
Paying agency must join in any compromise