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350 Or. App. 415 · Court of Appeals of Oregon · Jun 10, 2026
We review the board’s legal conclusions for errors of law, ORS 183.482(8)(a); Curry Educational Service Dist. v. … Pedro v. SAIF, 313 Or App 34, 39, 495 P3d 183 (2021) (citing ORS 656.005(7)(a) (B)). The “otherwise compensable injury” refers to a medical condition, not a work event or accident. Id. (citing Brown v.
Cited 1 timesPublished341 Or. App. 451 · Court of Appeals of Oregon · Jun 25, 2025
Reversed and remanded. 452 Bald-Eagle v. Board of Parole EGAN, J. … Under our decisions in Thomsen v. Board of Parole, 333 Or App 703, 554 P3d 308, rev den, 373 Or 81 (2024), and Allen v.
Cited 0 timesUnpublished22 Or. App. 385 · Court of Appeals of Oregon · Aug 25, 1975
“DECISION: The referee, affirms the administrator’s decision * * The Employment Appeals- Board affirmed the referee. We find no error. See, Brown v. Employment Division, 22 Or App 382 , 539 P2d 666 (1975). Affirmed.
Cited 3 timesPublished330 Or. App. 623 · Court of Appeals of Oregon · Feb 7, 2024
We “review the board’s order to determine whether the board erroneously interpreted a provision of law.” Sohappy v. … Stewart v.
Cited 0 timesUnpublished95 Or. App. 445 · Court of Appeals of Oregon · Mar 8, 1989
Petitioner sought a writ of habeas corpus, alleging that his parole release date had been extended under ORS 144.125(3) and that he was denied constitutionally required treatment for the severe emotional condition that the Board … In Keenan v. Peterson, 307 Or 323 , 767 P2d 441 (1989), the court reiterated the criteria discussed in Penrod/Brown v. Cupp, 283 Or 21 , 581 P2d 934 (1978), for determining if a writ of habeas corpus should be allowed.
Cited 6 timesPublishedWestside Neighborhood Quality Project, Inc. v. School District 4J Board of Directors
58 Or. App. 154 · Court of Appeals of Oregon · Jul 8, 1982
LUBA also relied on this court’s opinion in Jackson County v. … See also Jackson County v. Bear Creek Authority, 293 Or 121, 124, 128 , 645 P2d 532 (1982); Housing Council v. City of Lake Oswego, supra, 291 Or at 885 ; Petersen v. Klamath Falls, supra, 279 Or at 253-54 .
Cited 3 timesPublished335 Or. App. 414 · Court of Appeals of Oregon · Oct 9, 2024
In Thomsen v. … See also Sohappy v.
Cited 0 timesUnpublished331 Or. App. 338 · Court of Appeals of Oregon · Feb 28, 2024
Our review of the board’s order is “confined to the record.” ORS 183.482(7). We consider evidence that detracts from the board’s findings, but we do not reweigh the evidence. Mendacino v. … Board of Parole, 287 Or App 822, 834, 404 P3d 1048 (2017), rev den, 362 Or 508 (2018). And we do not substitute our judgment for that of the board on any issue of fact. Dixon v.
Cited 0 timesUnpublished323 Or. App. 471 · Court of Appeals of Oregon · Dec 29, 2022
Affirmed. 472 Lee v. Board of Parole EGAN, J. … Board of Parole compared, we will assume, without deciding, that the “close element matching” approach articulated by the Supreme Court in State v.
Cited 0 timesUnpublishedProvidence Health System v. Walker
252 Or. App. 489 · Court of Appeals of Oregon · Sep 26, 2012
See Brown v. Argonaut Insurance Company, 93 Or App 588, 591 , 763 P2d 408 (1988) (applying that standard to attorney fee awards under what is now ORS 656.262(11) and under ORS 656.382(1)); Red Robin International v. … Brown, 93 Or App at 591 ; see also, e.g, Nero v. City of Tualatin, 142 Or App 383, 387 , 920 P2d 570 (1996) (setting out similar framework for review).
Cited 16 timesPublished123 Or. App. 249 · Court of Appeals of Oregon · Sep 22, 1993
Medford Corp. v. Smith, 110 Or App 486, 488 , 823 P2d 441 (1992). Johnson v. SAIF, supra, relied on by claimant, does not hold otherwise. As we explained in Brown v. … SAIF v. Herron, 114 Or App 64, 72 , 836 P2d 131 , rev den 315 Or 271 (1992). The Board properly set compensation at the 1987 rate.
Cited 7 timesPublished328 Or. App. 432 · Court of Appeals of Oregon · Sep 27, 2023
Aikens v. Board of Parole, 298 Or App 443, 443 P3d 748 (2019) (Aikens III). Petitioner also sought judicial review of the board’s decision on remand from Aikens II, and we affirmed without issuing an opinion. Aikens v. … Dixon v. Board of Parole, 436 Aikens v. Board of Parole 257 Or App 273, 286, 306 P3d 716, rev den, 354 Or 389 (2013) (internal quotation marks omitted).
Cited 0 timesUnpublishedPossehl v. Employment Division
23 Or. App. 189 · Court of Appeals of Oregon · Oct 28, 1975
available for work within the meaning of ORS 657.155(1) (c) which reads in pertinent part: “He is able to work, is available for work, and is actively seeking and unable to obtain suitable work * * The Employment Appeals Board … Evjen v. Employment Division, 22 Or App 372 , 539 P2d 662 (1975), and Brown v. Employment Division, 22 Or App 382 , 539 P2d 666 (1975), are dispositive of this case. Affirmed.
Cited 1 timesPublished326 Or. App. 542 · Court of Appeals of Oregon · Jun 22, 2023
In Stewart v. … See State v.
Cited 0 timesUnpublished321 Or. App. 372 · Court of Appeals of Oregon · Aug 10, 2022
Oregon Board of Dentistry 20150056, 20150200, 20150222, 20150223; A170689 James C. Brown filed the briefs for petitioner. Ellen F. … See Gustafson v.
Cited 0 timesUnpublished247 Or. App. 115 · Court of Appeals of Oregon · Dec 14, 2011
International Paper Co. v. Huntley, 106 Or App 107, 110 , 806 P2d 188 (1991); Brown v. Argonaut Insurance Company, 93 Or App 588, 591 , 763 P2d 408 (1988). … Brown, 93 Or App at 591 (setting forth substantial evidence standard of review).
Cited 3 timesPublishedPortland Public School District No. 1J v. Portland Custodian Civil Service Board
198 Or. App. 11 · Court of Appeals of Oregon · Mar 2, 2005
Civil Service Board (board) from investigating plaintiffs implementation of that proposal. … See Skeen v.
Cited 3 timesPublished2 Or. App. 60 · Court of Appeals of Oregon · Mar 5, 1970
It is also a fact question for the Board, the circuit court, and the Court of Appeals, all dé novo on the record. In reviewing the record de novo under the law, the Court in Ryf v. … This was the import of our holding in Romero v. State Compensation Dept., 250 Or 368 , 440 P2d 866 (1968) * * *.
Cited 4 timesPublishedScott v. Liberty Northwest Insurance Corp.
281 Or. App. 516 · Court of Appeals of Oregon · Oct 12, 2016
Providence Health System v. Walker, 252 Or App 489, 505 , 289 P3d 256 (2012), rev den, 353 Or 867 (2013); Brown v. Argonaut Insurance Company, 93 Or App 588, 591 , 763 P2d 408 (1988). … On judicial review, claimant does not dispute the board’s conclusion that the closure of the claim precluded an award of time loss benefits. See Lebanon Plywood v.
Cited 1 timesPublished321 Or. App. 781 · Court of Appeals of Oregon · Sep 14, 2022
BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent. … State v. Haynes, 168 Or App 565, 7 P3d 623, rev den, 331 Or 283 (2000).
Cited 0 timesUnpublished
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