Case law

Furnish v. Montavilla Lumber Co.

124 Or. App. 622 · Court of Appeals of Oregon · Nov 17, 1993

The Board order must “clearly and precisely state what it found to be the facts and fully explain why those facts lead it to the decision it makes. ’ ’ Home Plate, Inc. v. OLCC, supra, 20 Or App at 190 . … The order must state “a reasoned opinion based on explicit findings of fact. ’ ’ Armstrong v. Asten-Hill Co., 90 Or App 200, 205 , 752 P2d 312 (1988).

State v. McKay

515 P.2d 183 · Court of Appeals of Oregon · Oct 29, 1973

State v. Fogle, 254 Or. 268, 270-275 , 459 P.2d 873 (1969). … See State v. Woodward, 1 Or. App. 338 , 462 P.2d 685 (1969). Reversed and remanded. NOTES [1] ORS 41.360(15). [2] ORS 41.360(14). [3] ORS 43.330(5); 43.370.

Henley v. Employment Department

284 Or. App. 781 · Court of Appeals of Oregon · Apr 12, 2017

We take the facts from the board’s findings and from the undisputed evidence in the record that is not inconsistent with those findings. See Warkentin v. Employment Dept., 245 Or App 128, 130 , 261 P3d 72 (2011). … Kercher v. Employment Dept., 250 Or App 409, 411 , 280 P3d 1040 (2012).

Edward Hines Lumber Co. v. Kephart

81 Or. App. 43 · Court of Appeals of Oregon · Sep 3, 1986

State v. Collis, 243 Or 222, 231 , 413 P2d 53 (1966). … Subsection (1) requires that the Board believe that “such action is justified.” The Supreme Court, in Holmes v. State Ind. Acc.

State v. Higgins

258 Or. App. 177 · Court of Appeals of Oregon · Aug 14, 2013

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). Additionally, we analyze such errors based on “the law existing at the time the appeal is decided” and not when the error occurred. State v. … State v.

Haskell Corp. v. Filippi

152 Or. App. 117 · Court of Appeals of Oregon · Jan 7, 1998

See also Adams v. … In SAIF v.

O. O., Inc. v. Cape Mountain Rock Products, Inc.

77 Or. App. 159 · Court of Appeals of Oregon · Dec 26, 1985

In Williams v. … In Jackson v. Brown et al, 116 Or 343, 348 , 241 P 59 (1925), and Heisler v. Hamilton Mammoth Mines Co., 110 Or 403, 406 , 223 P 735 (1924), liens were allowed for work on roads integral to the working of mines.

Jones v. Oregon State Correctional Institution

107 Or. App. 78 · Court of Appeals of Oregon · Jul 24, 1991

In *81 Greenslitt v. … Shoulders v. SAIF, 300 Or 606, 611-12 , 716 P2d 751 (1986).

State v. Hunter

58 Or. App. 99 · Court of Appeals of Oregon · Jul 8, 1982

The continuing validity of Brown as constitutionally requiring joinder of charges has been questioned elsewhere and need not be debated here. See State v. … If, however, the Brown joinder requirement is not of constitutional origin, we are apparently left with a “same evidence” test, State v.

State Ex Rel. Dwyer v. Dwyer

69 Or. App. 56 · Court of Appeals of Oregon · Jul 11, 1984

State v. Kennedy, 295 Or 260, 262 , 666 P2d 1316 (1983); State v. Caraher, 293 Or 741, 752 , 653 P2d 942 (1982). Defendant relies primarily on Brown v. Multnomah County Dist. … Brown concludes that, although a number of factors are relevant, none is conclusive.

Baar v. Fairview Training Center

139 Or. App. 196 · Court of Appeals of Oregon · Feb 21, 1996

However, on July 9, 1993, the referee, relying on Lorenzen v. SAIF, 79 Or App 751 , 719 P2d 1336 , rev den 301 Or 667 (1986), and Maxine V. … Hicks v.

Iles v. Fred Meyer, Inc.

173 Or. App. 254 · Court of Appeals of Oregon · Mar 28, 2001

See also SAIF v. Lewis, 170 Or App 201 , 12 P3d 498 (2000). Claimant argued to the Board that the medical evidence of edema was an objective finding. … Here, the Board did not “provide a ‘sufficient explanation to allow a reviewing court to examine the agency’s action.’ ” SAIF v. January, 166 Or App 620, 626 , 998 P2d 1286 (2000), quoting Schoch v.

Altamirano v. Woodburn Nursery, Inc.

133 Or. App. 16 · Court of Appeals of Oregon · Feb 15, 1995

The Board erred in upholding the denial. 1 Claimant next assigns error to the Board’s denial of interim compensation. … Cook v. Workers’ Compensation Department, supra, 306 Or at 138 . Therefore, the Board erred in applying OAR 436-10-005(1)(c) to deny claimant’s request for interim compensation.

Alcala v. Employment Department

235 Or. App. 32 · Court of Appeals of Oregon · Apr 21, 2010

As we recently reiterated in Castro v. … See also Salosha, Inc. v.

Meyer v. Lord

37 Or. App. 59 · Court of Appeals of Oregon · Nov 6, 1978

In 1000 Friends v. … Rutherford v.

State v. McKat

15 Or. App. 180 · Court of Appeals of Oregon · Oct 29, 1973

State v. Fogle, 254 Or 268, 270-75 , 459 P2d 873 (1969). … See State v. Woodward, 1 Or App 338 , 462 P2d 685 (1969). Eeversed and remanded. ORS 41.360 (15). ORS 41.360 (14). ORS 43.330 (5); 43.370.

Johnston v. James River Corp.

91 Or. App. 721 · Court of Appeals of Oregon · Jun 22, 1988

PER CURIAM In this workers’ compensation case, we review under the standards stated in Armstrong v. Asten-Hill Co., 90 Or App 200 , 752 P2d 312 (1988). … See George v. Richard’s Food Center, 90 Or App 639 , 752 P2d 1309 (1988). When the Board reverses, adequate judicial review requires specific findings in the Board’s opinion substantiating its contrary conclusion.

Enterprise Rent-A-Car Co. v. Frazer

252 Or. App. 726 · Court of Appeals of Oregon · Oct 17, 2012

-Domino’s v. … See McTaggart v.

Henthorn v. Grand Prairie School District No. 14

39 Or. App. 351 · Court of Appeals of Oregon · Mar 19, 1979

The provision as amended in 1975 may or may not reflect a reaction to this court’s opinion in Hawkins v. … Hill v. State, 23 Or 446 , 32 P 168 (1893). Plaintiff’s proceeding is therefore independent of ORS 342.835 3 and must rest on its justiciability under ORS 34.010-.100.

State v. Graville

82 Or. App. 253 · Court of Appeals of Oregon · Nov 12, 1986

State v. Warren, 81 Or App 463 , 726 P2d 387 (1986). … State v. Age, 38 Or App 501, 508-509 , 590 P2d 759 (1979); see State v. Behar, 39 Or App 503 , 592 P2d 1056 (1979). Defendant urges us to overrule Age and Behar , citing as authority State v.