Legal Opinion
Toole v. EBI Companies
Oregon Supreme Court
Decided August 20, 1992No. WCB TP-89003; CA A62038; WCB TP-89022; CA A62117; WCB TP-89010; CA A62386; SC S38434PublishedCited by 20 opinions
1Opinion of the CourtPeterson, J.
The question in these three consolidated workers’ compensation cases is whether the statutory lien of an insurer or self-insured employer on the proceeds of an injured worker’s recovery against a negligent third party extends to the proceeds of a malpractice action against an attorney based on the attorney’s mishandling of the worker’s third-party negligence action. We hold that it does.
Because our conclusion turns on statutory provisions concerning the lien and third-party actions, we begin with a discussion of the relevant statutes. ORS 656.154 provides:
“If the injury to a worker is due to…
2Cases cited5 opinions
- Johnson v. Star MacHinery CompanyOregon Supreme Court · 1974
- Chocktoot v. SmithOregon Supreme Court · 1977
- SAIF Corp. v. WrightOregon Supreme Court · 1991
- Shipley v. SAIF Corp.Court of Appeals of Oregon · 1986
- Toole ex rel. Professional Liability Fund v. EBI CompaniesCourt of Appeals of Oregon · 1991
3Cited by20 opinions
- Williams v. KatzCourt of Appeals for the Seventh Circuit · 1994
- Bongiorno v. Liberty Mutual Insurance Co.Massachusetts Supreme Judicial Court · 1994
- Nicholas v. MorganSupreme Court of Oklahoma · 2002
- Overhead Door Co. of Norfolk v. LewisCourt of Appeals of Virginia · 1999
- In Re Worker's Compensation LienMichigan Court of Appeals · 1998
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