Case law

SAIF v. Coria

315 Or. App. 546 · Court of Appeals of Oregon · Nov 3, 2021

against the insurer under an imputed knowledge theory”; and (4) Anfilofieff v. … Pacific Skyline, Inc., 266 Or App 676, 681, 338 P3d 791 (2014) (citing Brown v. Argonaut Insurance Company, 93 Or App 588, 591, 763 P2d 408 (1988)).

American Federation of State, County & Municipal Employees v. State Board of Higher Education

31 Or. App. 251 · Court of Appeals of Oregon · Oct 24, 1977

Central Illinois Public Service Company, 324 F2d 916, 918-19 (7th Cir 1963); National Labor Relations Board v. Hart Cotton Mills, 190 F2d 964, 972 (4th Cir 1951); R. Gorman, Labor Law 500-01 (1976). … The ERB, quoting the following language from Labor Board v.

Kay v. David Douglas School District No. 40

79 Or. App. 384 · Court of Appeals of Oregon · May 21, 1986

Brown v. Western R. of Alabama, 338 US 294, 296 , 70 S Ct 105 , 94 L Ed 2d (1949). Here, however, we are not prepared to say that the right to attorney fees under section 1988 is strictly a matter of procedure. … In Brown v.

Crandon Capital Partners Ex Rel. Willamette Industries v. Shelk

202 Or. App. 537 · Court of Appeals of Oregon · Nov 16, 2005

For example, in Tanner v. … Id. at 510 ; accord Safeway, Inc. v.

Forman v. Clatsop County

63 Or. App. 617 · Court of Appeals of Oregon · Jun 22, 1983

Forman, Appellants, v. CLATSOP COUNTY, a Political Subdivision of the State of Oregon; Sports Acres, Inc., an Oregon Corporation; Milton O. Brown and Raymond Kittleson, Respondents. No. CC-82-156; CA A24527. … Timothy V. Ramis, Portland, argued the cause for respondents Sports Acres, Inc., Milton O. Brown and Raymond Kittleson. With him on the brief was O'Donnell, Sullivan & Ramis, Portland.

Zinser-Rankin v. SAIF Corp. (In re Zinser-Rankin)

293 Or. App. 601 · Court of Appeals of Oregon · Aug 29, 2018

We affirmed in our per curiam opinion, citing Fillinger v. The Boeing Co. , 290 Or.App. 187 , 413 P.3d 989 (2018). … That argument is contrary to the express statement in Fillinger that, under Brown v.

Murphy v. Electrical and Elevator Board

338 Or. App. 448 · Court of Appeals of Oregon · Mar 5, 2025

an abuse of dis- cretion,” Sachdev v. … We are unpersuaded that the board abused its discretion. “[T]here is often more than one legally permissible choice when discretion is at play.” Dept. of Human Services v. T. J.

Flores v. SAIF Corp.

237 Or. App. 645 · Court of Appeals of Oregon · Oct 6, 2010

Carreon v. Commerce & Industry Ins. Co., 233 Or App 440 , 226 P3d 73 (2010).

Ellis v. Employment Division

25 Or. App. 719 · Court of Appeals of Oregon · Jun 14, 1976

In Minniti v. … Accord: Henderson v. Employment Div., 22 Or App 378 , 539 P2d 665 (1975). In Brown v. Employment Division, 22 Or App 382 , 539 P2d 666 (1975), and Bird v.

Gilbert v. State Accident Insurance Fund Corp.

63 Or. App. 320 · Court of Appeals of Oregon · Jul 1, 1983

Uris v. Compensation Department, 247 Or 420 , 427 P2d 753 (1967). Our view rests in significant measure on the opinion of Dr. … While it is true that the force of his opinion is somewhat diminished because it rests heavily on claimant’s unreliable description of the 1977 injury, Miller v.

Astleford v. Saif Corp.

122 Or. App. 432 · Court of Appeals of Oregon · Aug 25, 1993

Consequently, the order became final, and neither the Board nor we can review it. ORS 656.740(1) and (3); 3 Brown v. Bunch Tire Bailer, Inc., 73 Or App 250, 254 , 698 P2d 522 (1985). … In Trojan Concrete v.

Barrett v. Coast Range Plywood

56 Or. App. 371 · Court of Appeals of Oregon · Mar 8, 1982

Claimant cites no statute or Board Rule for that proposition. Penalties and fees can be awarded only when expressly authorized by statute. Brown v. EBI Companies, 289 Or 905 , 618 P2d 959 (1980); Morgan v. … Williams v.

Green v. Hayward

23 Or. App. 310 · Court of Appeals of Oregon · Nov 10, 1975

Brown, 54 Or 7 , 101 P 900 (1909). See also, Fasano v. Washington Co. Comm., 264 Or 574 , 507 P2d 23 (1973), and Baker v. City of Milwaukie, 271 Or 500 , 533 P2d 772 (1975). … Baker v. City of Milwaukie, supra.

Hutchison v. Fred Meyer, Inc.

118 Or. App. 288 · Court of Appeals of Oregon · Feb 17, 1993

In Brown v. Argonaut Insurance Company, 93 Or App 588, 591 , 763 P2d 408 (1988), we said: *291 “Whether a denial is reasonable or unreasonable involves both legal and factual questions. … See Georgia-Pacific Corp. v. Arms, 106 Or App 343, 347 , 807 P2d 331 (1991); Brown v. Argonaut Insurance Company, supra, 93 Or App at 592 .

Bullock v. City of Ashland

241 Or. App. 378 · Court of Appeals of Oregon · Mar 9, 2011

In Home Builders Assn. v. … The court held in School District No. 3J v.

Naught v. Gamble, Inc./Pepsi Cola, Inc.

87 Or. App. 145 · Court of Appeals of Oregon · Sep 2, 1987

Brown v. EBI Companies, 289 Or 455 , 616 P2d 457 (1980); Sekermestrovich v. SAIF, 280 Or 723 , 573 P2d 275 (1977); Anderson v. … Cogswell v. SAIF, 74 Or App 234, 237 , 702 P2d 81 (1985). He has failed to meet that burden. The Board properly ruled that the referee lacked jurisdiction to hear the lower back claim.

Sheridan v. Johnson Creek Market

127 Or. App. 259 · Court of Appeals of Oregon · Apr 20, 1994

As we said in SAIF v. … Brown, 127 Or App 253 , 873 P2d 326 (1994), ORS 656.005(7)(a)(B) does not provide a procedural mechanism for the denial of an accepted claim.

Simpson v. Western Graphics Corp.

53 Or. App. 205 · Court of Appeals of Oregon · Jul 27, 1981

In Fairview Hospital v. Stanton, 28 Or App 643 , 560 P2d 667 (1977), we considered this issue in the case of a state employe appealing his discharge to the Employment Relations Board (ERB). … But see, Brown v. Oregon College of Education, 52 Or App 251 , 628 P2d 410 (1981). With respect to its remedial authority, we reaffirmed the holding of Thompson v. Secretary of State, supra.

Sisters of St. Joseph of Peace, Health, & Hospital Services v. Russell

122 Or. App. 188 · Court of Appeals of Oregon · Aug 4, 1993

Board. … Brown v. J. C. Penney Co., 297 Or 695, 705 , 688 P2d 811 (1984). At issue is the nature of plaintiffs claims.

Center for Tribal Water Advocacy v. Board of Commissioners of Wallowa County

222 Or. App. 212 · Court of Appeals of Oregon · Sep 3, 2008

App. 212 The CENTER FOR TRIBAL WATER ADVOCACY, Petitioner-Appellant, v. BOARD OF COMMISSIONERS OF WALLOWA COUNTY, Respondent-Respondent, and K & B Family Limited Partnership, Intervenor. 051012626; A133904. … Corey v. DLCD, 344 Or. 457 , 184 P.3d 1109 (2008).