Rash v. McKinstry Co.

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(l)(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., 160 Or App 131, 137, 981 P2d 343 (1999). We review for errors of law. See ORS 656.298(7) (providing that review of Board order shall be as provided in ORS 183.482);…