Section 656.576 – “Paying agency” defined.
As used in ORS 656.578 to 656.595, “paying agency” means the self-insured employer or insurer paying benefits to the worker or beneficiaries. [1965 c.285 §44a; 1981 c.854 §42]
Section 656.578 – Workers’ election whether to sue third person or noncomplying employer for damages.
If a worker of a noncomplying employer receives a compensable injury in the course of employment, or if a worker receives a compensable injury due to the negligence or wrong of a third person (other than those exempt from liability under ORS 656.018), entitling the worker under ORS 656.154 to seek a remedy against such […]
Section 656.580 – Payment of compensation notwithstanding cause of action for damages; lien on cause of action for compensation paid.
(1) The worker or beneficiaries of the worker, as the case may be, shall be paid the benefits provided by this chapter in the same manner and to the same extent as if no right of action existed against the employer or third party, until damages are recovered from such employer or third party. (2) […]
Section 656.582
[Renumbered 656.384]
Section 656.583 – Paying agency may compel election and prompt action.
(1) The paying agency may require the worker or other beneficiaries or the legal representative of a deceased worker to exercise the right of election provided in ORS 656.578 by serving a written demand by registered or certified mail or by personal service upon such worker, beneficiaries or legal representative. (2) Unless such election is […]
Section 656.584
[Amended by 1965 c.285 §68d; renumbered 656.624]
Section 656.586
[Renumbered 656.720]
Section 656.587 – Paying agency must join in any compromise.
Any compromise by the worker or other beneficiaries or the legal representative of the deceased worker of any right of action against an employer or third party is void unless made with the written approval of the paying agency or, in the event of a dispute between the parties, by order of the Workers’ Compensation […]
Section 656.588
[Amended by 1957 c.558 §1; 1965 c.285 §42a; renumbered 656.386]
Section 656.590
[Amended by 1965 c.285 §42b; renumbered 656.388]
Section 656.591 – Election not to bring action operates as assignment of cause of action; repayments to department by paying agency.
(1) An election made pursuant to ORS 656.578 not to proceed against an employer or third person operates as an assignment to the paying agency of the cause of action, if any, of a worker or the beneficiaries or legal representative of a deceased worker against the employer or third person, and the paying agency […]
Section 656.593 – Procedure when worker or beneficiary elects to bring action; release of liability and lien of paying agency in certain cases.
(1) If a worker or the beneficiaries of the worker elect to recover damages from an employer or third person, the worker or beneficiaries shall give notice of the election to the paying agency by personal service or by registered or certified mail. The paying agency likewise must be given notice of the name of […]
Section 656.595 – Precedence of cause of action; compensation paid or payable not to be an issue.
(1) Any action brought against a third party or employer, as provided in this chapter, shall have precedence over all other civil cases. (2) In any third party action brought pursuant to this chapter, the fact that the injured worker or the beneficiaries of the injured worker are entitled to or have received benefits under […]
Section 656.596 – Damage recovery as offset against compensation; recovery procedure; notice to paying agency.
(1) If no workers’ compensation claim has been filed or accepted at the time a worker or the beneficiaries of a worker recover damages from a third person or noncomplying employer pursuant to ORS 656.576 to 656.596, the amount of the damages shall constitute an offset against compensation due the worker or beneficiaries of the […]