Legal Opinion
Nicholson v. Blachly
Court of Appeals of Oregon
Decided August 5, 1987No. A8511-07449; CA A40516PublishedCited by 3 opinions
1Opinion of the CourtJoseph, C. J.
Plaintiff appeals from judgments dismissing his complaint for breach of contract and negligence. ORCP 21A. The trial court based the dismissals on the ground that plaintiffs exclusive remedy is under the Workers’ Compensation Act. We affirm.
In reviewing an ORCP 21A dismissal, we assume the truth of plaintiffs allegations. Crosby v. SAIF, 73 Or App 372, 376, 699 P2d 198 (1985). He was employed by Pacific Fruit Express (PFE), a self-insured employer, earning $11 an hour. In August, 1981, he was injured on the job. PFE undertook to provide him with vocational rehabilitation services as part of…
2Cases cited4 opinions
- Haret v. State Accident Insurance Fund Corp.Court of Appeals of Oregon · 1985
- Crosby v. SAIF Corp.Court of Appeals of Oregon · 1985
- State Accident Insurance Fund Corp. v. HarrisCourt of Appeals of Oregon · 1983
- Hayden v. Workers' Compensation DepartmentCourt of Appeals of Oregon · 1986
3Cited by3 opinions
- Nicholson v. BlachlyOregon Supreme Court · 1988
- Gordineer v. BellottiCourt of Appeals of Oregon · 1990
- Nicholson v. BlachlyCourt of Appeals of Oregon · 1987