NICHOLSON v. BLACHLY

TC A8511-07449; CA A40516; SC S34421.

753 P.2d 955 (1988)

305 Or. 578

Randy L. NICHOLSON, Petitioner On Review, v. B.J. BLACHLY, and International Rehabilitation Associates, Inc., a Delaware Corporation Dba Intracorp Company, Respondents On Review. Pacific Fruit Express Company, a Utah Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided May 3, 1988.

Reconsideration Denied June 1, 1988.


Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause and filed the petition, for petitioner on review. On the petition was Peter O. Hansen, Portland.

Allan M. Muir, Portland, argued the cause and filed the response, for respondents on review. With him on the response was Schwabe, Williamson & Wyatt, Allan M. Muir, Wayne A. Williamson and Dennis S. Reese, Portland.

Dave Frohnmayer, Atty. Gen., Salem, filed a Brief of amicus curiae for Workers' Compensation Dept. With him on the brief were Virginia L. Linder, Sol. Gen., and Christine Chute, Asst. Atty. Gen., Salem.


CAMPBELL, Justice.

The issue presented in this case is whether a vocational rehabilitation organization which contracts with a self-insured employer to provide assistance to an injured worker can be sued in circuit court on contract and tort claims relating to the vocational rehabilitation assistance or whether claims of inadequate assistance are in the exclusive jurisdiction of the Workers' Compensation Department1 and Board. Contrary...

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