KAHN v. PROVIDENCE HEALTH PLAN

CC 9710-08059; CA A103759; SC S48091

71 P.3d 63 (2003)

335 Or. 460

Debbie KAHN, Petitioner on Review, v. PROVIDENCE HEALTH PLAN, an Oregon non-profit corporation, Respondent on Review.

Supreme Court of Oregon.

Decided June 12, 2003.


Attorney(s) appearing for the Case

Hank McCurdy, Portland, argued the cause and filed the petition for petitioner on review.

Paul R. Duden, Portland, argued the cause for respondent on review.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.


GILLETTE, J.

This is an action by an injured worker (plaintiff) against defendant, a managed care organization (MCO)1 that, under an arrangement with plaintiff's employer's workers' compensation insurer, was responsible for making recommendations respecting the kind of medical care that plaintiff should receive for her injury. The complaint alleged two claims, one for negligence and one for breach of contract, both of which were based...

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