McIntyre v. Wright

Respondent seeks to garnish Workers’ Compensation benefits due defendant. The trial court granted a continuing garnishment against defendant’s benefits for the lesser of 25 percent of the benefit or $255 per month. Defendant appeals. We reverse in part.

Defendant first contends that a creditor may not garnish Workers’ Compensation benefits. Defendant is incorrect. See Satterfield v. Satterfield, 54 Or App 184, 634 P2d 787 (1981).1

Defendant next contends that, assuming garnishment was permissible, a continuing garnishment was not. We agree. In Weyerhaeuser Co. v. Lynch, 268 Or 142, 502 P2d 351…