Workers' Compensation

Oregon: Claimant’s Estate May Pursue PPD Claim Filed Prior to Claimant’s Death

 

 

 

 

 

 

Reversing the state’s Court of Appeals, the Supreme Court of Oregon held an estate was authorized to pursue a request for hearing seeking an award of PPD benefits that claimant filed before his death, in spite of the fact that the cause of his death was unrelated to the work injury. The Court reasoned that such a conclusion was necessary when construing the provisions of Or. Rev. Stat. § 656.218, as a whole. That statute details what sorts of “persons” are entitled to receive benefits. The Court concluded that the use of the term “person” included not only the “persons” (e.g., dependents) described in the first sentence of subsection (5), but also a worker’s estate under the second sentence of subsection (5). The Court added that the statute’s use of the phrase “unpaid balance of the award” in the second sentence of subsection (5) did not restrict an estate’s entitlement to PPD benefits that were awarded before the worker’s death.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is the co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.

See Sather v. SAIF Corp., 357 Ore. 122, 2015 Ore. LEXIS 234 (Apr. 9, 2015) [357 Ore. 122, 2015 Ore. LEXIS 234 (Apr. 9, 2015)]

See generally Larson’s Workers’ Compensation Law, § 89.03 [89.03]

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.

 

 

 

 

 

 

 

 

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