Bergmann v. Hutton

K3STLER, J.,

dissenting.

The majority holds that, in computing uninsured motorist benefits, a statutory offset for workers’ compensation payments should be deducted from the amount of the damages that the insured sustained. In my view, the text and the context of the governing statute require a different result. They require that any workers’ compensation payments be deducted from the amount of the insured’s damages up to the limits of liability. I respectfully dissent.

ORS 742.504(7)(c) provides that a statutory offset for workers’ compensation payments shall be deducted from “[a]ny amount…