State Accident Insurance Fund v. Meredith

SAIF brought this action pursuant to ORS 656.591 as the assignee of an injured worker’s third party tort action. As an affirmative defense, defendant contended that SAIF is not the real party in interest, because the injured worker’s cause of action for personal injuries could not be assigned to it. The trial court agreed and dismissed the action. Because we conclude that the worker’s cause of action could be assigned to SAIF under the Workers’ Compensation Act, we reverse and remand.

The parties have stipulated to the material facts for the purposes of this appeal. The worker, Karen Hayes,…