Worthen v. Lumbermen's Underwriting Alliance, Inc.

Lumbermen’s Underwriting Alliance, Inc. (Lumbermen’s), appeals from an order issued by a probate court. The order distributes the recovery obtained in a wrongful death action brought by a decedent’s personal representative, who is also a workers’ compensation claimant.1 We affirm.

The decedent was killed in a logging truck accident that arose out of and m the course of his employment with an insured of Lumbermen’s. The decedent’s surviving spouse (plaintiff), filed a workers’ compensation claim that was accepted by Lumbermen’s, and she began to receive benefits. Plaintiff was appointed…