Blanchard v. Kaiser Foundation Health Plan of the Northwest

Plaintiff brought this action for a declaration that defendant is required by statute to cover treatment for his reconstructive jaw surgery. We reversed the trial court’s entry of summary judgment in favor of plaintiff. Blanchard v. Kaiser Foundation Health Plan, 117 Or App 377, 844 P2d 248 (1992), rev den 316 Or 142 (1993). On remand, the trial court entered judgment for defendant, and plaintiff appeals. We reverse.

Plaintiff suffers from a congenital condition called “partial anodontia,” which leaves him with only six upper teeth and four lower teeth. Because none of those teeth meet, they…