# Fred Meyer, Inc. v. Hayes

> Oregon Supreme Court · August 7, 1997 · 325 Or. 592

URL: https://www.frixlaw.com/law-library/cases/9549888

## Case

- **Full name:** In the Matter of the Compensation of Jody N. HAYES, Claimant. FRED MEYER, INC., Petitioner on Review, v. Jody N. HAYES, Respondent on Review
- **Court:** Oregon Supreme Court
- **Decided:** August 7, 1997
- **Citations:** 325 Or. 592; 943 P.2d 197; 1997 Ore. LEXIS 76
- **Precedential status:** Published
- **Opinion:** Concurrence by Gillette
- **Judges:** Hoomissen, Van Hoomissen, Gillette, Graber, Carson
- **Cited by:** 45 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9549888

## Opinion text

GILLETTE, J.,
concurring.
I agree with the majority that there was a sufficient connection between claimant’s work and the circumstances of her injury to require an award of workers’ compensation benefits. I agree with the dissent that this is a very close case. I write this brief separate opinion to speak only to a concern that arises out of this court’s involvement in cases like the present one.
Regrettably, it turns out that this case was not review-worthy. As we finally decide it by a divided court, we turn out to be disagreeing only over the sufficiency of the agreed facts to meet a legal test which is not new and on *603 which all agree. That is not an appropriate expenditure of this court’s judicial time.
This case was affirmed without opinion by a panel of the Court of Appeals. Fred Meyer, Inc. v. Hayes, 141 Or App 439 , 917 P2d 1077 (1996). In that posture, the case had no precedential significance or, indeed, any other kind of significance to anyone other than the parties. A review of the extensive (but nonexclusive) list of criteria for granting discretionary review found at Oregon Rule of Appellate Procedure 9.07 fails to produce a single substantive example from that list that the present case fairly can be said to meet. With respect, I submit that we erred in allowing review.
The foregoing error would be of no moment, were it not for the collateral consequences that seem to flow from decisions like the one that we announce today: A number of parties, disappointed with the outcome of their intensely fact-bound disputes in the Court of Appeals, will feel that it is worthwhile to take a flyer on petitioning for review to this court. “After all,” they fairly may say, “the court took review in the Hayes case.”
I wish we hadn’t.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9549888. Public record. Not legal advice.