Sather v. SAIF

Under ORS 656.218(3), an estate is not among the persons entitled to pursue a claim for worker's compensation.

Sather sought review of the Worker’s Compensation Board’s denial of his claim. Sather, now deceased due to injuries unrelated to this claim, sought compensation for a work-related injury. SAIF, the insurance carrier, accepted the claim only for lumbar strain. Claimant then sought a combined condition, which SAIF denied. The Worker’s Compensation Board upheld the denial and Sather appealed. SAIF argued the claim should be dismissed because Claimant is now deceased and no one is entitled to pursue it. Sather's personal representative argued they were entitled to pursue the claim. The Court found that the personal representative is not a person entitled to pursue the claim under ORS 656.218(3). Furthermore, because the claim was pending in court at the time the Sather died, the claim had not been determined. Therefore, no previous award with an unpaid balance existed and an independent authority cannot purse a claim that has not been determined. The personal representative’s motion to be substituted as Sather was denied; the Worker’s Compensation Board’s motion to dismiss granted; petition for judicial review dismissed.