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GREENBRIAR AG MANAGEMENT v. LEMUS

96-02392; CA A98383.

965 P.2d 493 (1998)

156 Or. App. 499

In the Matter of the Compensation of David F. Lemus, Claimant. GREENBRIAR AG MANAGEMENT and Farmers Insurance Group, Petitioners, v. David F. LEMUS, Respondent.

Court of Appeals of Oregon.

Decided October 14, 1998.

Attorney(s) appearing for the Case

Vera Langer, Portland, argued the cause for petitioners. With her on the briefs was Scheminske, Lyons & Bussman, LLP.

Richard F. McGinty, Salem, argued the cause and filed the brief for respondent.

Before De MUNIZ, P.J., and HASELTON and LINDER, JJ.

HASELTON, Judge.

Insurer seeks review of an order of the Workers' Compensation Board setting aside insurer's revocation of acceptance and concomitant "back-up" denial of claimant's low back injury claim. ORS 656.262(6)(a). The Board determined that, although claimant had misrepresented his medical history, insurer failed to show that those misrepresentations could reasonably have affected its decision to accept the claim. The Board further rejected insurer's alternative...

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