Case law

Oldham v. Plumlee

151 Or. App. 402 · Court of Appeals of Oregon · Nov 26, 1997

Director has intervened and argues that this case is controlled by Lankford v. … See Callahan v. Employment Division, 97 Or App 234 , 776 P2d 21 (1989).

Wal-Mart Stores, Inc. v. Young

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

See also Gray v. … Co. v.

State v. Goss

219 Or. App. 645 · Court of Appeals of Oregon · May 7, 2008

The Supreme Court elaborated on those statutes in State v. … State v. Shumway, 124 Or *651 App 131,133, 861 P2d 384 (1993), rev den, 318 Or 459 (1994). That reliability is assessed using a three-factor test. State v.

Sprague v. United States Bakery, Saif Corp.

200 Or. App. 569 · Court of Appeals of Oregon · Jul 13, 2005

Sprague v. United States Bakery, 199 Or App 435 , 112 P3d 362 (2005). … We disagreed with the board’s statement, relying, in part, on our holding in Fred Meyer, Inc. v. Crompton, 150 Or App 531, 536 , 946 P2d 1171 (1997).

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.

Kerr v. Bradbury

193 Or. App. 304 · Court of Appeals of Oregon · May 5, 2004

.”); Weyerhaeuser v. … .”); State v.

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)).

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.

Duncan v. Liberty Northwest Ins. Corp.

133 Or. App. 605 · Court of Appeals of Oregon · Apr 12, 1995

See also Jackson v. … Bail, 42 Van Natta 553 (1990), aff’d Bail v. EBI Services, 106 Or App 180 , 807 P2d 347 , rev den 311 Or 482 (1991).

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.

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).

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.

Northwest Greentree, Inc. v. Cervantes-Ochoa

113 Or. App. 186 · Court of Appeals of Oregon · May 20, 1992

We conclude that the Board did apply the correct standard, which is the permanent employment relation test. Kolar v. B & C Contractors, 36 Or App 65, 71 , 583 P2d 562 (1978). … The Board applied that test, under which the key inquiry is “the extent to which the claimant’s work outside the state is temporary.” Hobson v.

North Clackamas School Dist. v. White

85 Or. App. 560 · Court of Appeals of Oregon · Jun 3, 1987

The Board affirmed. … That determination was affirmed by the Board and never appealed. The present case is unlike our decision in Kepford v.

Schlesinger v. City of Portland

200 Or. App. 593 · Court of Appeals of Oregon · Jul 13, 2005

See, e.g., Boise Cascade Corp. v. Board of Forestry (A79626), 131 Or App 538, 540 , 886 P2d 1033 (1994), aff'd in part and rev’d in part on other grounds, 325 Or 185 , 935 P2d 411 (1997). … Shatzer, 337 Or 345, 349 , 97 P3d 1161 (2004) (quoting Brown v. Oregon State Bar, 293 Or 446, 449 , 648 P2d 1289 (1982)).

Cayton v. Safelite Glass Corp.

231 Or. App. 646 · Court of Appeals of Oregon · Nov 4, 2009

See State v. Gaines, 346 Or 160, 171 , 206 P3d 1042 (2009). … State v. Blair, 230 Or App 36, 47 , 214 P3d 47 (2009).

Folkers v. Lincoln County School District

205 Or. App. 619 · Court of Appeals of Oregon · May 10, 2006

As we said in [McNair v. … Second, he contends that the board did not explain its rejection of its position in a prior case, Anderson v.

Hamel v. Johnson

169 Or. App. 216 · Court of Appeals of Oregon · Jul 26, 2000

See Peek v. Thompson, 160 Or App 260 , 980 P2d 178 , rev dismissed 329 Or 553 (1999); Weidner v. … In Bedell v.

Weyerhaeuser Co. v. Woda

166 Or. App. 73 · Court of Appeals of Oregon · Mar 8, 2000

Employer appealed to the Board, and a divided Board affirmed. … Having said that, we conclude that the Board majority and claimant have the better of the argument. Our analysis begins with the text of the relevant statute in its context. PGE v.