Ebbtide Enterprises v. Tucker

This case arises under the Workers’ Compensation Law. The issue is whether the rule of Bauman v. SAIF, 295 Or 788, 670 P2d 1027 (1983), which prohibits “backup” denials 1 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 rule applies we must address the subsidiary issue of whether claimant’s failure to disclose a previous injury was a misrepresentation sufficiently “material” to justify a backup denial in this instance. An independent issue is whether the Court of…