Case law

Scott 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.

Portland 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.

Hibbs v. Sedwick CMS (A180289)

340 Or. App. 431 · Court of Appeals of Oregon · May 14, 2025

State v. Browning, 282 Or App 1, 3, 386 P3d 192 (2016), rev den, 361 Or 311 (2017) (inter- nal quotation marks omitted). … See McClusky v.

Valencia v. GEP BTL, LLC

247 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).

Hill v. Hill

323 Or. App. 458 · Court of Appeals of Oregon · Dec 29, 2022

Public Employees Retirement Board, 338 Or 145, 160-61, 108 P3d 1058 (2005) (detailing the benefit formulas). 2 Williams’s letter to Brown and Johnson stated: “Specifically, $172,516 of [husband’s] account as … See Spady v.

Wiggett v. Oregon State Penitentiary

85 Or. App. 635 · Court of Appeals of Oregon · Jun 10, 1987

The only authority on which he relies is State v. Brown, 297 Or 404 , 687 P2d 751 (1984). … State v. Brown, supra, 297 Or at 445 .

State v. Oneill

256 Or. App. 537 · Court of Appeals of Oregon · May 15, 2013

We have since expressly relied upon Brown in the context of ORS 161.200. In State v. … Presumably, defendant’s contention is that the Supreme Court’s decision in Brown has somehow written language into OES 161.200. See Mastriano v.

Beamon v. SAIF

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 con- dition, not a work event or accident. Id. (citing Brown v.

Rose v. Board of Trustees for the Portland Fire & Police Disability & Retirement Fund

215 Or. App. 138 · Court of Appeals of Oregon · Sep 26, 2007

The Board of Trustees (the board) denied petitioner’s application for death benefits for her, but it allowed the application for death benefits for the dependent minor child. … Thus framed, the parties’ dispute poses a question of statutory construction, which we answer by application of familiar principles set out in PGE v.

Butte Creek School District No. 67J v. Clackamas County District Boundary Board

91 Or. App. 300 · Court of Appeals of Oregon · May 18, 1988

If the board deems it advisable, the board may appoint a hearings officer to hold the hearing. … After considering the testimony, the board shall confirm or reject the action of the boundary board and such determination shall be final.” See Central School Dist. v.

Coe v. McElligott

86 Or. App. 272 · Court of Appeals of Oregon · Jul 8, 1987

See Sappington v. Brown, 68 Or App 72 , 75 n 1, 682 P2d 775 , rev den 298 Or 238 (1984); Angus v. Joseph, 60 Or App 546 , 655 P2d 208 (1982), rev den 294 Or 569 , cert den 464 US 830 (1983). … But see McKinstry Co. v. Smith, 85 Or App 607 , 738 P2d 203 (1987).

Davidson v. Employment Division

63 Or. App. 600 · Court of Appeals of Oregon · Jun 22, 1983

The Supreme Court granted review and reversed, sub nom Brown v. Adult and Family Services, 293 Or 6 , 643 P2d 1266 (1982). … This is a case of the latter type, with the remand being based upon the lack of evidentiary findings to support the Board’s legal conclusion. In Van Gordon v. Ore.

Neighbors v. Blake

167 Or. App. 343 · Court of Appeals of Oregon · May 17, 2000

Brown v. Argonaut Insurance Company, 93 Or App 588, 591 , 763 P2d 408 (1988). Substantial evidence supports a finding when the record permits a reasonable person to make the finding. Garcia v. … Heinzel v. Backstrom, 310 Or 89, 96 , 794 P2d 775 (1990). Because insurer drafted the CDA, it was incumbent on insurer to monitor when the CDA was approved by the Board.

Nero v. City of Tualatin

142 Or. App. 383 · Court of Appeals of Oregon · Jul 31, 1996

On review, the Board reinstated the Director’s award but did not grant a penalty. We reversed the Board’s holding as to the penalty. Nero v. … Brown v. Argonaut Insurance Company, 93 Or App 588 , 763 P2d 408 (1988). The correct legal inquiry is whether the employer had a legitimate doubt as to its liability.

Berkey v. Department of Insurance & Finance

129 Or. App. 494 · Court of Appeals of Oregon · Aug 10, 1994

See Northwest Greentree, Inc. v. Cervantes-Ochoa, 113 Or App 186 , 830 P2d 627 (1992). … We review for errors of law and examine whether the Board applied the correct legal standard. Brown v. Argonaut Insurance Company, 93 Or App 588, 591 , 763 P2d 408 (1988).

Arias v. Employment Division

26 Or. App. 841 · Court of Appeals of Oregon · Sep 20, 1976

See, Cal. *845 Portland Cement Co. v. Cal. Unemp. Ins. Appeals Board, 178 Cal App 2d 263, 3 Cal Rptr 37 (1960), John S. Barnes Corp. v. Board of Review, 55 Ill App 2d 102, 204 NE2d 20 (1965), Matison v. … Brown, 99 NH 205, 108 A2d 52 (1954), and Woodmen of the World Life Ins. Society v. Olsen, 141 Neb 776, 4 NW2d 923 (1942), Stone Mfg. Co. v. S. C. Em. Security Comm., 219 SC 239, 64 SE2d 644 (1951).

Matter of Compensation of Gallea

56 Or. App. 763 · Court of Appeals of Oregon · Apr 12, 1982

Brown v. SAIF, 51 Or App 389 , 625 P2d 1351 (1981). Therefore, claimant’s request that the Board admit the report was properly denied. … The report was “obtainable” under ORS 656.298(6) at the time of the hearing. 4 See also Maumary v. Mayfair Markets, 14 Or App 180, 183-84 , 512 P2d 1370 (1973); Mansfield v.

Weirich v. Employment Division

19 Or. App. 479 · Court of Appeals of Oregon · Nov 18, 1974

See, State v. Hodges, 254 Or 21 , 457 P2d 491 (1969); City of Portland v. White, 9 Or App 239 , 495 P2d 778 , Sup Ct review denied (1972). … See, Ramsey v. Employment Security Agency, 85 Idaho 395 , 379 P2d 797 (1963); Rawls v. Brown, 165 So2d 18 (La 1964); Detroit Gravure v. Emp. Sec. Comm., 366 Mich 530 , 115 NW2d 368 (1962); Schock v. Bd. of Rev., Div.

Barcik v. Kubiaczyk

127 Or. App. 273 · Court of Appeals of Oregon · Apr 20, 1994

Munn, 317 Or 283, 292 , 856 P2d 298 (1993), quoting Brown v. Oregon State Bar, supra, 293 Or at 449 . … Communist Party v. S. A. C. Board, 367 US 1, 79 , 81 S Ct 1357 , 6 L Ed 2d 625 (1961).

Costello v. Georgia-Pacific Corp.

28 Or. App. 795 · Court of Appeals of Oregon · Mar 21, 1977

Like the referee, Board and circuit court we find Dr. Brown’s testimony to be sufficiently persuasive to meet the burden imposed upon claimant. As Dr. … Clayton v. Compensation Department, 253 Or 397 , 454 P2d 628 (1969); Summit v. Weyerhaeuser Company, 25 Or App 851 , 551 P2d 490 , Sup Ct review denied (1976); Riutta v.