Aagesen v. SAIF Corp.

In this third-party distribution case, claimant seeks review of an order of the Workers’ Compensation Board holding that SAIF is entitled to a share of the settlement in claimant’s legal malpractice claim. We affirm the Board.

Claimant was compensably injured and received benefits from SAIF. He pursued a third-party action against a negligent third party and settled that action for $50,000, with SAIF’s approval. SAIF received a portion of the settlement under ORS 656.593. Claimant then brought a legal malpractice claim against the attorney who had represented him in the third-party case. The…