Estate of Vance v. Williams

This workers’ compensation case concerns the right of a paying agency to assert a lien for future expenditures against the proceeds of a settlement reached by claimant with a third party.

Claimant sustained a compensable injury and filed a claim for benefits, which employer accepted. He also elected to seek damages from a third party pursuant to ORS 656.578. His attorney negotiated a settlement with the third party’s insurance carrier. During negotiations, the attorney corresponded with employer’s workers’ compensation carrier, the paying agency (agency), to ascertain the amount of its…