Case law

AIG Claim Services Inc. v. Cole

205 Or. App. 170 · Court of Appeals of Oregon · Apr 19, 2006

Citing Counts v. … In Counts , we cited our opinion in Brooks v. *175 D & R Timber, 55 Or App 688, 692 , 639 P2d 700 (1982), for the rule that “if diagnostic services are necessary to determine the cause or extent of a compensable injury, the

State v. Victoroff

96 Or. App. 176 · Court of Appeals of Oregon · Apr 12, 1989

He argues that it exceeds the court’s authority in the light of State v. Brown, 297 Or 404 , 687 P2d 751 (1984). See also State v. Lyon, 304 Or 221 , 744 P2d 231 (1987). … The evidentiary holdings oí Brown and Lyon are irrelevant.

Rehfeld v. Sedgwick Claims Management Services

283 Or. App. 288 · Court of Appeals of Oregon · Jan 5, 2017

Baker v. Liberty Northwest Ins. … Claimant bases her contention on United Airlines v.

Bjorndal v. Weitman

212 Or. App. 143 · Court of Appeals of Oregon · Apr 11, 2007

See Lane v. Brown, 138 Or App 34 , 906 P2d 821 (1995), aff'd, 328 Or 42 , 970 P2d 206 (1998). The proper resolution of plaintiffs second challenge lies elsewhere. … Lane v.

Liberty Northwest Ins. Corp. v. Spurgeon

109 Or. App. 566 · Court of Appeals of Oregon · Nov 13, 1991

Dethlefs v. Hyster Co., 295 Or 298, 310 , 667 P2d 487 (1983); SAIF v. Gygi, 55 Or App 570, 573 , 639 P2d 655 , rev den 292 Or 825 (1982). … Dethlefs v. Hyster Co., supra, and SAIF v. Gygi, supra, do not compel or suggest a contrary result. In both of those cases, the claimants had a disease that was caused both by exposures on the job and off the job.

Perrin v. Kitzhaber

191 Or. App. 439 · Court of Appeals of Oregon · Jan 21, 2004

Finally, Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resources, 532 US 598 , 121 S Ct 1835 , 149 L Ed 2d 855 (2001), is also instructive. … Del Rio, 67 SW3d 85, 88 (Tex 2001) (when concurrent suits are filed in state and federal court, Growe requires the federal court to defer *444 to the state process); Brown v.

Wantowski v. Crown Cork & Seal

175 Or. App. 609 · Court of Appeals of Oregon · Aug 8, 2001

After the Board issued its decision, the Supreme Court established a different test for determining whether an injured worker’s compensable condition actually worsened. See SAIF v. … Consequently, we are unable to adequately review the Board’s conclusion that no objective evidence supported claimant’s aggravation claim. Iles v. Fred Meyer, Inc., 173 Or App 254 , 21 P3d 195 (2001).

SAIF Corp. v. Hoffman

193 Or. App. 750 · Court of Appeals of Oregon · Jun 9, 2004

Willamette Industries, Inc. v. Titus, 151 Or App 76, 80 , 950 P2d 318 (1997) (citing Roseburg Forest Products v. Long, 325 Or 305, 309 , 937 P2d 517 (1997)). … (quoting Spurlock v. International Paper Co., 89 Or App 461, 465 , 749 P2d 611 (1988)).

Brenner v. Industrial Indemnity Co.

30 Or. App. 69 · Court of Appeals of Oregon · Jul 18, 1977

Stevens v. SAIF, 20 Or App 412 , 531 P2d 921 (1975); Hill v. U.S. Plywood-Champion, 12 Or App 1 , 503 P2d 728 (1972), Sup Ct review denied (1973); Bailey v. Morrison-Knudsen, 5 Or App 592, 485 P2d 1254 (1971). … . * * *” In Tanner v.

Shubert v. Blue Chips

151 Or. App. 710 · Court of Appeals of Oregon · Dec 24, 1997

As we held in our decision in Gallino v. … Shubert v. Department of Consumer and Business Services, CA No. A86479, dismissed May 17, 1995, citing ORS 183.400(1). We adhere to that holding.

Perez v. Employment Department

164 Or. App. 356 · Court of Appeals of Oregon · Dec 15, 1999

Linville v. Employment Dept., 146 Or App 317, 323 , 934 P2d 442 (1997). … Relying principally on Bunnell v.

Toole ex rel. Professional Liability Fund v. EBI Companies

108 Or. App. 57 · Court of Appeals of Oregon · Jul 3, 1991

We upheld the Board without discussing its authority to decide the issue. In EBI Companies v. … We have held that the Board has no authority to modify third party action settlement agreements. See SAIF v. Cowart, supra, 65 Or App at 738 ; see also Estate of Troy Vance v.

Dailey v. University of Portland

340 Or. App. 80 · Court of Appeals of Oregon · Apr 23, 2025

See Two Two v. … See Curtis v.

Sothras v. Employment Division

48 Or. App. 69 · Court of Appeals of Oregon · Sep 2, 1980

One of these two Board members, relying on our decision in Arias v. … In McPherson v.

State v. Peterson

309 Or. App. 31 · Court of Appeals of Oregon · Feb 3, 2021

State v. … Marvin v.

SAIF Corp. v. Kollias

233 Or. App. 499 · Court of Appeals of Oregon · Feb 3, 2010

Coleman v. SAIF, 203 Or App 442, 446 , 125 P3d 845 (2005). … See Cole/Dinsmore v. DMV, 336 Or 565, 584 , 87 P3d 1120 (2004) (the proponent of a fact in a contested case hearing has the burden to prove it).

Metje v. Pub. Emps. Ret. Sys.

291 Or. App. 338 · Court of Appeals of Oregon · Apr 18, 2018

As we explained in Harris v. Dept. of Public Safety Standards , 287 Or. App. 111 , 113, 400 P.3d 1032 , rev. den. , 362 Or. 94 , 405 P.3d 152 (2017), and Lucke v. DPSST , 247 Or. … the board has commenced proceedings to recover the payment.

Beck v. James River Corp.

124 Or. App. 484 · Court of Appeals of Oregon · Nov 17, 1993

In Roseburg Forest Products v. … Accord Roseburg Forest Products v. Ferguson, supra; c.f. SAIF v. Drews, 318 Or 1 , 860 P2d 254 (1993); Weyerhaeuser Co. v. Pitzer, 123 Or App 1 , 858 P2d 886 (1993); Tektronix, Inc. v.

Wal-Mart Stores, Inc. v. Young

219 Or. App. 410 · Court of Appeals of Oregon · Apr 16, 2008

See also Gray v. … Co. v.

Garcia v. SAIF Corp.

187 Or. App. 51 · Court of Appeals of Oregon · Mar 20, 2003

Allie v. SAIF, 79 Or App 284, 289 [, 719 P2d 47 ] (1986).” The ALJ upheld SAIF’s denial, and the board adopted and affirmed the ALJ’s order. … See Dietz v.