Summary
In Eschliman v. GAB Business Service, 80 Or. App. 459, 722 P.2d 60, rev den 302 Or. 158 (1986), the plaintiff was injured while at work and the defendant agency paid him benefits.
Summary of this case from Lacy v. State Accident Insurance Fund, Inc.Opinion
16-84-09300; CA A36457
Argued and submitted April 18, 1986.
Affirmed July 23, 1986. Reconsideration denied September 26, 1986. Petition for review denied October 21, 1986 ( 302 Or. 158).
Appeal from Circuit Court, Lane County, Gregory Foote, Judge.
Steven C. Yates, Eugene, argued the cause and filed the brief for appellant.
Barry Shanks, Portland, argued the cause for respondent. On the brief were James Jeffery Adams and Mitchell, Lang Smith, Portland.
Before Warden, Presiding Judge, and Van Hoomissen and Young, Judges.
PER CURIAM
Affirmed.
Plaintiff appeals a judgment dismissing his complaint for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). We affirm.
Plaintiff sustained an injury, compensable under the Workers' Compensation Act on September 21, 1982. Defendant is the agency paying benefits to plaintiff for his employer. After the Statute of Limitations had run, barring plaintiff's right to maintain an action against a third party for his injuries, plaintiff brought this action in counts alleging breach of a fiduciary duty and negligence for defendant's failure to inform him of the existence of his third party claim. The issue is whether a workers' compensation insurer has a duty to inform an injured worker of the existence of a potential third party claim under ORS 656.154.
Workers' compensation law is purely statutory, and the rights and remedies provided by the Workers' Compensation Act are exclusive. Nelson v. SAIF, 43 Or. App. 155, 602 P.2d 341, rev den 288 Or. 173 (1979), cert den 446 U.S. 980 (1980). It imposes no duty on the insurer to inform an injured worker of the existence of a potential third party claim.
Affirmed.