Robertson v. Davcol, Inc.

Claimant seeks review of an order of the Workers’ Compensation Board holding that the entire proceeds of a third party settlement are subject to SAIF’s third party “lien” and that a distribution pursuant to ORS 656.593(1) is “just and proper.”1

Claimant was injured on the job when she slipped and fell on employer’s floor, as a result of which she underwent low back surgery. Because her employer was a non-complying employer, her worker’s compensation claim was referred to SAIF for processing. ORS 656.054. SAIF accepted the claim and, as the paying agent, has paid claim costs of $37,477.08 so…