Rash v. McKinstry Co.

Summary

The Oregon Supreme Court held that an insurer's statutory lien against a claimant's third-party recovery is a matter potentially arising out of a workers' compensation claim under ORS 656.236(1)(a). Because the Claim Disposition Agreement did not expressly preserve the lien, the agreement extinguished it. The court reversed the Court of Appeals and the Workers' Compensation Board and remanded with instructions to dismiss the insurer's petition.

Holdings

1. An insurer's lien against a claimant's recovery from a third party is a matter potentially arising out of a workers' compensation claim within the meaning of ORS 656.236(1)(a).
2. Because the claim disposition agreement did not expressly preserve the insurer's statutory lien, the agreement resolved and extinguished the lien.

Questions Presented

1. Whether an insurer's statutory lien against a claimant's recovery from a third party is a matter potentially arising out of a workers' compensation claim under ORS 656.236(1)(a).
2. Whether a claim disposition agreement extinguishes that statutory lien when the agreement does not expressly preserve it.

Disposition

reversed_and_remanded