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EBBTIDE ENTERPRISES v. TUCKER

WCB 83-00889, 83-03022, 83-03550; CA A33743; SC S33464.

738 P.2d 194 (1987)

303 Or. 459

In the matter of the Compensation of Carolle J. Tucker, Claimant. EBBTIDE ENTERPRISES and Ebi Companies, Petitioners On Review, v. Carolle J. TUCKER, New England Fish Co., Ina, American Care Center, and Saif Corporation, Respondents On Review.

Supreme Court of Oregon, In Banc.

Decided June 9, 1987.

Attorney(s) appearing for the Case

Jerald P. Keene, Portland, argued the cause and filed the petition for petitioners on review. With him on the petition for review was Roberts, Reinisch & Klor, P.C., Portland.

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondent SAIF Corp. On the brief were Dave Frohnmayer, Atty. Gen., Salem, James E. Mountain, Jr., Solicitor General and Robert M. Atkinson, Asst. Atty. Gen., Salem.

Ridgway K. Foley, Jr., P.C., Portland, filed a response for New England Fish Co. and INA to petition for review of Ebbtide Enterprises and EBI Co. With him on the response was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

CAMPBELL, Justice.

This case arises under the Workers' Compensation Law. The issue is whether the rule of Bauman v. SAIF, 295 Or. 788, 670 P.2d 1027 (1983), which prohibits "backup" denials1 of the compensability of a claimant's injury, applies to backup denials of responsibility for a claimant's injuries where the claimant's benefits are not affected. If the Bauman...

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