54 Van Natta 139 (2002). DANIEL J. COSSETTE, Claimant.

• Case Date: March 15, 2002
• Court: Oregon

Oregon Worker Compensation 2002. 54 Van Natta 139 (2002). DANIEL J. COSSETTE, Claimant 139In the Matter of the Compensation of DANIEL J. COSSETTE, ClaimantWCB Case No: C020347ORDER APPROVING CLAIM DISPOSITION AGREEMENTClaimant UnrepresentedSAIF Legal Salem, Defense AttorneysReviewing Panel: Members Biehl and Bock.On February 12, 2002, the Board received the parties' claim disposition agreement (CDA) in the above-captioned matter. Pursuant to that agreement, in consideration of the payment of a stated sum, claimant releases certain rights to future workers' compensation benefits, except medical services, for his compensable injury. We approve the proposed disposition. The CDA provides that claimant has settled a third party action in the amount of $58,085.21. According to the agreement, the carrier has a lien in the amount of $23,747.53. In addition, the CDA provides that the carrier has reduced its lien in the amount of $2,500 and, thus, shall recover $21,247.53 of its third party lien. We interpret the parties' CDA as follows. After deduction from the third party settlement of statutorily allowed costs and attorney fees (absent extraordinary circumstances, not more than 1/3 of the gross third party settlement, OAR 438-015-0095) and the worker's 33-1/3 percent statutory share of the balance of the settlement, the remaining balance of the recovery would be approximately $23,747.53; i.e., $58,085.21 ­...