Harvey v. Lou Surcamp Logging

Claimant seeks review of a Workers’ Compensation Board third party order, challenging the Board’s method of distributing the proceeds from the settlement of his third party claim. We review for substantial evidence and errors of law and affirm.

Claimant was injured on a third party’s premises while performing his work duties. Liberty Northwest Mutual (Liberty), employer’s insurer, accepted the claim. It then requested that claimant elect either to pursue his third party action himself or to assign it to Liberty. ORS 656.583. Liberty’s election notice, sent to claimant by certified mail in…