Lawrence v. Bailey

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Arbitration
  • Date Filed: 07-07-2016
  • Case #: A159882
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Lagesen, J.; & Wilson, S.J.
  • Full Text Opinion

In confirming an arbitration award, a court lacks authority to grant a credit for advanced payments of medical expenses without an evidentiary basis.

Plaintiff appealed an arbitration award and claimed that the court erred by granting Defendant's cross petition to modify or correct the arbitration award and subsequently entering a $6,944.50 award. Plaintiff and Defendant agreed to bring a personal injury action to binding arbitration. Defendant claimed that a credit offset of $2,130 would be reimbursed to plaintiff’s health insurer by a third party and therefore, the award should have been reduced to $6,944.50. Plaintiff argued that the award should be $9,074.50 because the court lacked authority to “grant a credit” without an evidentiary basis. The Court agreed with Plaintiff that $9,074.50 of damages should have been entered. Reversed and remanded.

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