Jeremiah Ross and Ross Law LLC recently won a judicial battle relating to an insurance company's legal right to take money from Ross’ client’s settlement. The issue involved a Worker’s compensation case that was resolved by a Disputed Claims Settlement (DCS). Jeremiah Ross’ client then sued the injured worker’s non-complying employer and settled that case.
The Worker’s Compensation Insurance company claimed they were entitled to a portion of the settlement proceeds. The insurance company relied on Oregon Statutes ORS 656.587 and ORS 656.593 and the language of the signed DCS. The statutes that the insurer relied on allow for the insurance company to receive a portion of a personal injury settlement if the insurance company is deemed a paying agency that paid benefits on a compensable claim.
Jeremiah Ross argued that the insurance company was not a paying agency because there was not a compensable claim and the insurer never provided benefits. The Worker’s Compensation board agreed with Ross and determined the insurance company was not entitled to a portion of the settlement proceeds and ORS 656.587 did not apply. For the full opinion Click here.Worker’s Compensation Board Opinion Regarding DCS Extinguishing Lien
If you have been injured or have questions about a worker’s compensation lien on your personal injury settlement, please call Jeremiah Ross at 503.224.1658. Please remember the law is constantly changing and this post may not be accurate if the Decision is overturned on appeal.