Case law

Davidson Baking Co. v. Industrial Indemnity Co.

20 Or. App. 508 · Court of Appeals of Oregon · Mar 10, 1975

When a determination of the true employer or employers has been made, the board shall direct any necessary monetary adjustment between the parties involved * * In Oremus v. Oregonian Pub. … Livingston v. State Ind. Acc. Com., 200 Or 468, 472 , 266 P2d 684 (1954); Mathis v. SAIF, supra, 10 Or App at 149 .

Dillon v. Whirlpool Corp.

172 Or. App. 484 · Court of Appeals of Oregon · Feb 21, 2001

In 1987, the legislature amended ORS 656.298 to eliminate de novo review of Board decisions. Or Laws 1987, ch 884, § 12a; see Garcia v. Boise Cascade Corp., 309 Or 292, 295 , 787 P2d 884 (1990). … On review, we will affirm the Board’s findings so long as substantial evidence supports them. Winters v. Woodburn Carcraft Co., 142 Or App 182, 187 , 920 P2d 1118 (1996); Queener v.

State v. Goetzinger

262 Or. App. 220 · Court of Appeals of Oregon · Apr 9, 2014

State v. … As we explained in State v.

Blackman v. State Accident Insurance Fund Corp.

60 Or. App. 446 · Court of Appeals of Oregon · Dec 1, 1982

We held in Schlecht v. SAIF, supra, that third-party distribution orders of the board under ORS 656.593 are reviewable by this court pursuant to ORS 656.298 as matters concerning a claim. See ORS 656.704. … In addition to the reasons stated in the text, we consider an outright reversal to be inappropriate here because the board and the parties did not have the benefit of our opinion in Schlecht v.

Burkholder v. State Accident Insurance Fund

11 Or. App. 334 · Court of Appeals of Oregon · Nov 17, 1972

. * # * # In Norton v. … State Compensation Dept., 3 Or App 38 , 471 P2d 826 (1970), Hinkle v. State Ind. Acc. Com., 163 Or 395 , 97 P2d 725 (1940), overruled on other grounds, Dimitroff v. State Ind. Acc.

Aetna Casualty Co. v. Aschbacher

107 Or. App. 494 · Court of Appeals of Oregon · Jun 5, 1991

in Dethlefs v. … The Board relied on the court’s reasoning in Wright v. SAIF, 289 Or 323 , 613 P2d 755 (1980).

Coombs v. State Accident Insurance Fund

39 Or. App. 293 · Court of Appeals of Oregon · Mar 19, 1979

The timing of the claim closure does not determine whether it is on the Board’s own motion. See also Hinkle v. State Ind. Acc. Com., 2 163 Or 395 , 97 P2d 725 (1940). In Buell v. … See Colvin v. State Ind. Acc. Com., 197 Or 401 , 253 P2d 910 (1953); Buell v. S.I.A.C., supra.

SAIF v. Kelkay

336 Or. App. 444 · Court of Appeals of Oregon · Nov 27, 2024

The board observed that, although SAIF’s argu- ment was consistent with an older line of board orders, our decision in Guill v. M. … Applying that framework, the board concluded that the 450 SAIF v.

McTaggart v. Time Warner Cable

170 Or. App. 491 · Court of Appeals of Oregon · Oct 18, 2000

Finally, in Wilson v. … See Bronco Cleaners v.

State v. Smith

277 Or. App. 709 · Court of Appeals of Oregon · Apr 20, 2016

Brown, 310 Or 347, 355 , 800 P2d 259 (1990). Defendant further asserts that an exercise of our discretion under Ailes v. … Brown, 310 Or at 355 .

State v. Kapsalis/Scroggins

123 Or. App. 138 · Court of Appeals of Oregon · Sep 15, 1993

In State v. … BMW and that defendant Kapsalis drove a brown BMW.

Bentley v. State Accident Insurance Fund

38 Or. App. 473 · Court of Appeals of Oregon · Feb 20, 1979

Hoffman Construction Co., 254 Or 624 , 459 P2d 991 (1969); Surratt v. Gunderson Bros., 259 Or 65 , 485 P2d 410 (1971). … We conclude that the award of attorney fees by the Board may be contested on appeal to this court without an objection to the Board. In Reeves v.

McGarrah v. State Accident Insurance Fund Corp.

59 Or. App. 448 · Court of Appeals of Oregon · Sep 29, 1982

Claimant appeals from a determination by the Workers’ Compensation Board (Board) that his psychiatric disability is not compensable. This case is the first to reach us of a series decided after James v. … In this case, the Board cited Rogers without discussion, but in formulating its rule here it attempted to analogize such cases as Frosty v.

Schoch v. Luepold & Stevens

162 Or. App. 242 · Court of Appeals of Oregon · Aug 4, 1999

It held that the Board’s explanation was not sufficient to determine whether the Board had acted within its discretion in setting the fee. Schoch v. Leupold & Stevens, 325 Or 112 , 934 P2d 410 (1997). … . 3 The Board remanded to the hearings division in light of Jefferson v.

Lopez v. SAIF Corp.

281 Or. App. 679 · Court of Appeals of Oregon · Oct 19, 2016

In Argonaut Ins. v. … Our inquiry on review of the board’s determination of good cause is whether the board’s order falls within the range of the board’s discretion. Id; ORS 183.482(8)(b); see also Ogden Aviation v.

City of Portland v. Price

106 Or. App. 455 · Court of Appeals of Oregon · Apr 3, 1991

Brown saw defendant walk into the restaurant wearing a shoulder holster with a firearm in plain view. Brown called for uniformed officers to investigate, and two Portland Police Officers responded. … See State v.

State v. Hanson

162 Or. App. 38 · Court of Appeals of Oregon · Jul 21, 1999

Payless Drug Stores Northwest v. Brown, 300 Or 243 , 780 P2d 1143 (1985); Seidel v. Time Ins. Co., 157 Or App 556, 560 , 970 P2d 255 (1998). … See, e.g., Boise Cascade Corp. v. Board of Forestry (S42159), 325 Or 185 , 935 P2d 411 (1997); Cope v. City of Cannon Beach, 317 Or 339 , 855 P2d 1083 (1993).

Blank v. US Bank

252 Or. App. 553 · Court of Appeals of Oregon · Sep 26, 2012

Livesley Co. v. Russ, 296 Or 25, 30 , 672 P2d 337 (1983). We review the board’s order for substantial evidence and errors of law under ORS 656.298(7) and ORS 183.482(8), and affirm. … As we concluded in McTaggart v.

State v. Althof

273 Or. App. 342 · Court of Appeals of Oregon · Aug 26, 2015

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). … Brown, 297 Or 404 , 687 P2d 751 (1984), and State v. O’Key, 321 Or 285 , 899 P2d 663 (1995). Marrington, 335 Or at 557, 560, 564.

Georgia-Pacific Corp. v. Piwowar

86 Or. App. 82 · Court of Appeals of Oregon · Jun 24, 1987

Additionally, the Board correctly held that employer must pay claimant the benefits which were due and unpaid on the date of the referee’s order reversing the award. See Hutchison v. … Georgia-Pacific v. Hughes, 85 Or App 362 , 736 P2d 602 (1987).