MATTER OF COMPENSATION OF ENRIQUEZ

WCB 85-04350; CA A44220.

756 P.2d 44 (1988)

91 Or.App. 464

In the matter of the Compensation of Feliz Enriquez, Claimant. OREGON HUMAN DEVELOPMENT and Ebi Companies, Petitioners, v. Feliz ENRIQUEZ, Respondent.

Court of Appeals of Oregon.

Argued and Submitted March 14, 1988.


Attorney(s) appearing for the Case

Allan M. Muir, Portland, argued the cause for petitioners. With him on the brief were William H. Replogle and Schwabe, Williamson & Wyatt, Portland.

Kenneth D. Peterson, Hermiston, argued the cause and submitted the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Claimant suffered a head injury when he was allegedly assaulted without provocation by Gentry, a co-worker, while attending a conference. EBI accepted the worker's compensation claim in August, 1984. In January, 1985, employer received information that, in fact, claimant had been struck while attempting to steal money won by Gentry in a card game. EBI issued a denial of the claim on March 8, 1985, on the ground that claimant had misrepresented the cause...

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