Legal Opinion

Greenbriar Ag Management v. Lemus

Court of Appeals of Oregon

Decided October 14, 1998No. 96-02392; CA A98383PublishedCited by 7 opinions

1Opinion of the Court

*501HASELTON, J.

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 and related argument that “later obtained evidence” concerning claimant’s medical history justified the “back-up” denial. We…

2Cases cited5 opinions

  1. Hyde v. StateWyoming Supreme Court · 1989
  2. Ebbtide Enterprises v. TuckerOregon Supreme Court · 1987
  3. CNA Insurance Companies v. MagnusonCourt of Appeals of Oregon · 1993
  4. SAIF Corp. v. AbbottCourt of Appeals of Oregon · 1990
  5. Newport Elks Club v. HaysCourt of Appeals of Oregon · 1988

3Cited by7 opinions

  1. Curry Educational Service District v. BengtsonCourt of Appeals of Oregon · 2001
  2. Barrett Business Services, Inc. v. StewartCourt of Appeals of Oregon · 2001
  3. Alvarez v. SAIFCourt of Appeals of Oregon · 2025
  4. Beamon v. SAIFCourt of Appeals of Oregon · 2026
  5. Alvarez v. SAIFCourt of Appeals of Oregon · 2025

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