NEWPORT ELKS CLUB v. HAYS

WCB 84-08586; CA A42910.

759 P.2d 327 (1988)

92 Or.App. 604

In the matter of the Compensation of Karen L. Hays, Claimant. NEWPORT ELKS CLUB and Ebi Companies, Petitioners, v. Karen L. HAYS, Respondent.

Court of Appeals of Oregon.

Decided August 24, 1988.


Attorney(s) appearing for the Case

Craig A. Staples, Portland, argued the cause for petitioners. With him on the brief was Roberts, Reinisch & Klor, P.C., Portland.

Martin J. McKeown, Eugene, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Employer seeks review of an order of the Workers' Compensation Board which reversed the referee's decision upholding employer's "backup denial." The issue is whether employer proved that claimant made a material misrepresentation that induced the initial acceptance of the claim. We conclude that it did and reverse.

Claimant began working for employer as a bartender in 1980. On October 12, 1983, she filed a workers' compensation...

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