Sather v. SAIF Corp.

The majority concludes that, although claimant’s estate is entitled to the unpaid balance of claimant’s worker’s compensation award “whether eligibility therefor or the amount thereof have been determined,” the estate is not entitled to pursue that award. I respectfully dissent. I would conclude that the legislature, when it amended ORS 616.258 in 2009, intended to allow a deceased worker’s estate to pursue a claim in the same manner as that worker’s statutory dependents.

Prior to that amendment, ORS 656.218 provided, in part:

“(1) In case of the death of a worker entitled to compensation,…