McHorse v. Portland General Electric Company

DENECEE, J.,

specially concurring.

I would affirm by reasoning which differs at least in terminology from that expressed by the majority.

The contract fixing the terms of the disability income plan was negotiated by the defendant company and a union. The contract provides: “The Company reserves the right to interpret and administer the plan, and such decisions shall be final.”

I believe the majority’s assumption that the decision that plaintiff was not entitled to disability benefits is included within the phrase, “to interpret and *335administer the plan,” is correct. The question is, of what effect…