Case law

Smith v. Department of Corrections

251 Or. App. 775 · Court of Appeals of Oregon · Aug 22, 2012

Smith v. Board of Parole, 250 Or App 345 , 284 P3d 1150 (2012) (Smith I). In the present case, petitioner challenges a different notice from a different agency, also regarding inmate hearing rights, for the same reason. … In Smith v.

SAIF Corp. v. Camarena

264 Or. App. 400 · Court of Appeals of Oregon · Jul 23, 2014

Uris v. … In SAIF v.

Adams v. Clements

183 Or. App. 207 · Court of Appeals of Oregon · Aug 7, 2002

Intervenors have appealed, and the initial question on appeal is whether the fact that petitioner could have sought judicial review of the Board’s order precludes him from seeking habeas. See Tiner v. … Gage v. Maass, 306 Or 196, 204 , 759 P2d 1049 (1988). Here, ORS 144.335(1) permits petitioner to seek judicial review of the Board’s action and is an adequate alternative remedy. Cf. Frady v.

Boydston v. Liberty Northwest Ins. Corp.

166 Or. App. 336 · Court of Appeals of Oregon · Mar 22, 2000

Until an order becomes final, we concluded, the Board’s authority to abate and to reconsider its own order was unrestrained. Id. at 291-92 . Lyday v. Liberty Northwest Ins. … Corp. v. Allenby, 166 Or App 331 , 1 P3d 464 (2000), the Board reconsidered a portion of its conclusion in this case and reversed itself.

Steiner v. E.J. Bartells Co.

170 Or. App. 759 · Court of Appeals of Oregon · Nov 8, 2000

Nelson v. Emerald People’s Utility Dist., 318 Or 99, 104 , 862 P2d 1293 (1993). See also Couch v. … We next consider whether the Board had the authority to order claimant’s attorney to pay SAIF personally. Recently, in Gaynor v.

SAIF Corp. v. Wright

102 Or. App. 598 · Court of Appeals of Oregon · Aug 1, 1990

The Board found that claimant was a subject worker, and SAIF began processing the claim on behalf of a non-complying employer. We affirmed the decision. Bernards v. Wright, supra. … Schlecht v. SAIF, 60 Or App 449 , 653 P2d 1284 (1982). Whether the Board erred in addressing the issue does not affect our jurisdiction to review the order.

Horizon Air Industries, Inc. v. Davis-Warren

266 Or. App. 388 · Court of Appeals of Oregon · Oct 15, 2014

The board relied heavily on K-Mart v. … Ordinarily, the question of how to resolve competing expert medical opinions is within the discretion of the board. Armstrong v.

SAIF Corp. v. Dubose

166 Or. App. 642 · Court of Appeals of Oregon · Apr 19, 2000

See Burke v. … is requested for the reason(s) checked below: “ffl A DENIAL (Date) 2/25/97 “[X] B Compensability - complete claim denial “□ X Partial denial after a claim acceptance “□ Z Challenge to notice of acceptance ORS 656.262 “□ V

Washington County - Risk v. Jansen

248 Or. App. 335 · Court of Appeals of Oregon · Feb 29, 2012

Co. v. Lyda, 150 Or App 554 , 946 P2d 685 (1997), rev den, 327 Or 82 (1998). Lyda involved an insurer’s denial under ORS 656.262(6)(c) of a previously accepted combined condition. … For example, in Oregon Drywall Systems, Inc. v. Bacon, 208 Or App 205 , 144 P3d 987 (2006), we affirmed a board order that set aside an employer’s combined condition denial under ORS 656.262(6)(c).

Billings v. Maass

86 Or. App. 66 · Court of Appeals of Oregon · Jun 24, 1987

Gladden, 210 Or 46, 62-63 , 298 P2d 986 , 309 P2d 192 (1957), cert den 359 US 948 (1959); see Gordon v. Board of Parole, 48 Or App 25 , 615 P2d 1191 (1980). … ORS 174.010; Raudebaugh v. Action Pest Control, Inc., 59 Or App 166, 172 , 650 P2d 1006 (1982).

Camacho v. SAIF Corp.

263 Or. App. 647 · Court of Appeals of Oregon · Jun 18, 2014

The dissenting board member further concluded that claimant’s case was an “uncomplicated case” under Uris v. … that statute in Zurita v.

Ricard v. Klamath Falls Forest Estates HOA

328 Or. App. 46 · Court of Appeals of Oregon · Sep 13, 2023

Finally, the court concluded: 56 Ricard v. … Eklof v. Steward, 360 Or 717, 730, 385 P3d 1074 (2016); Two Two v. Fujitec America, Inc., 355 Or 319, 325-26, 325 P3d 707 (2014); Woodroffe v. State of Oregon, 292 Or App 21, 27, 422 P3d 381 (2018).

Dynea USA, Inc. v. Fairbanks

241 Or. App. 311 · Court of Appeals of Oregon · Mar 2, 2011

See also Dethlefs v. … .”); K-Mart v.

O'CONNOR v. Liberty Northwest Ins. Corp.

232 Or. App. 419 · Court of Appeals of Oregon · Dec 9, 2009

We review the board’s interpretation of a medical report under that standard. See SAIF v. … As we restated in Cummings v.

Burns v. Newell

12 Or. App. 621 · Court of Appeals of Oregon · Mar 12, 1973

Gibbs v. … Both opinions in Fredericks v.

Crawford v. SAIF Corp.

241 Or. App. 470 · Court of Appeals of Oregon · Mar 16, 2011

SAIF v. Allen, 320 Or 192, 200 , 881 P2d 773 (1994). … As such, “[w]e review the board’s evaluation of [the] medical evidence for substantial evidence.” Young v. Hermiston Good Samaritan, 223 Or App 99, 107 , 194 P3d 857 (2008). On this record, that standard is satisfied.

Goddard v. Liberty Northwest Ins. Corp.

193 Or. App. 238 · Court of Appeals of Oregon · Apr 28, 2004

Claimant seeks review of an order of the Workers’ Compensation Board, issued pursuant to the board’s own motion authority, ORS 656.278, in which the board held, inter alia, that it lacked statutory authority to award claimant … See ORS 183.482(6); see also Tektronix Corp. v. Twist, 62 Or App 602, 604-05 , 661 P2d 562 , rev den, 295 Or 259 (1983) (ORS 183.482(6) applies to orders of the Workers’ Compensation Board).

Wallis v. Crook County School District

13 Or. App. 174 · Court of Appeals of Oregon · Apr 23, 1973

Accord: Tempe Union High School Dist. v. Hopkins, 76 Ariz 228, 262 P2d 387 (1953); Reed v. Board of Education, 125 Cal App 714, 14 P2d 330 (1932); Smith v. … School District No. 18, 115 Mont 102 , 139 P2d 518 (1943); Tate v. New Mexico State Board of Education, 81 NM 323 , 466 P2d 889 (NM App 1970); Blood v.

Brom v. Newell

15 Or. App. 246 · Court of Appeals of Oregon · Nov 5, 1973

Anderson v. Alexander, 191 Or 409 , 229 P2d 633 , 230 P2d 770 (1951); Thompson v. Cupp, 5 Or App 393 , 484 P2d 858 , 29 ALR2d 1051 (1971); State ex rel Gilmore v. … Ball v. Gladden, 250 Or 485 , 443 P2d 621 (1968).

Diamond Fruit Growers v. Goss

120 Or. App. 390 · Court of Appeals of Oregon · May 19, 1993

Our holding here makes it necessary to modify in part our decision in Bird v. … See Krieger v. Future Logging, 116 Or App 537 , 842 P2d 428 (1992). In Bird v.