Kahn v. Providence Health Plan

This is an action by an injured worker (plaintiff) against defendant, a managed care organization (MCO) 1 that, under an arrangement with plaintiffs 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 on defendant’s refusal to approve an operation that plaintiffs physician had recommended. The trial court granted summary judgment for defendant, holding that plaintiffs…