State Accident Insurance Fund Corp. v. Cowart

The State Accident Insurance Fund (SAIF) appeals from a “third party settlement” order of the Workers’ Compensation Board that permitted allocation of $15,000 of a $65,000 settlement of claimant’s action against a third-party tortfeasor to claimant’s wife for her claim for loss of consortium. We reverse.

In June, 1981, claimant was injured in a motor vehicle accident while temporarily in California in the course and scope of his employment. He filed a workers’ compensation claim and also elected to pursue his third-party cause of action against the California tortfeasors. ORS 656.154. SAIF was…