- 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
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.