Case law

Saiville v. EBI Companies

81 Or. App. 469 · Court of Appeals of Oregon · Oct 8, 1986

Those two issues are purely factual, and we agree with the Board’s findings. See Bowman v. Oregon Transfer Company, 33 Or App 241 , 576 P2d 27 (1978). … Wattenbarger v. Boise Cascade Corp., 301 Or 12 , 717 P2d 1175 (1986); OAR 438-47-010(2). No additional attorney fees are justified, and we therefore affirm the Board’s order in that respect.

Anodizing, Inc. v. Heath

129 Or. App. 352 · Court of Appeals of Oregon · Aug 3, 1994

Employer relies on Lebanon Plywood v. Seiber, 113 Or App 651 , 833 P2d 1367 (1992). … If processing delay does not result in an overpayment, the Board has no authority to impose one.” 113 Or App at 654 . (Footnote omitted.) In Roseburg Forest Products v.

Port of Portland v. Municipal Employees, Local 483

27 Or. App. 479 · Court of Appeals of Oregon · Nov 29, 1976

Local 483 argues that the Board’s order is not appealable, citing Klamath Co. v. Laborers Inter. Union, 21 Or App 281 , 534 P2d 1169 (1975). … Klamath Co. v. Laborers Inter. Union, supra.

State v. Davis

306 Or. App. 138 · Court of Appeals of Oregon · Aug 19, 2020

Brown, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant. Ellen F. … State v. Gaige, 304 Or App 471, 468 P3d 532 (2020).

SAIF Corp. v. Kelly

130 Or. App. 185 · Court of Appeals of Oregon · Sep 7, 1994

The Board refers to claimant’s “right wrist de Quervain’s tenosynovitis.” Those labels appear to be interchangeable. 2 In Bracke v. … See also Timm v.

Oregon Drywall Systems, Inc. v. Bacon

208 Or. App. 205 · Court of Appeals of Oregon · Sep 27, 2006

Co. v. … See SAIF v. Belden, 155 Or App 568, 575 , 964 P2d 300 (1998), rev den, 328 Or 330 (1999) *210 (compensability of combined condition may not coincide with medically stationary date of compensable condition).

V. W. Johnson & Sons v. Johnson

103 Or. App. 355 · Court of Appeals of Oregon · Sep 12, 1990

See Spivey v. SAIF, 79 Or App 568 , 720 P2d 755 (1986); Wilson v. SAIF, 48 Or App 993 , 618 P2d 473 (1980); Horn v. Timber Products, Inc., 12 Or App 365 , 507 P2d 36 (1973). … Wilson v. SAIF, supra, 48 Or App at 998 . However, the Supreme Court’s recent opinion in Drews v.

Ligatich v. Liberty Northwest Ins. Corp.

185 Or. App. 555 · Court of Appeals of Oregon · Jan 8, 2003

Sperry, Inc. v. Wells, 127 Or App 700, 703-04 , 874 P2d 80 (1994); see also Gilbert v. … The board was required to address every contested issue before it. See Dan McCormick Agency v. Employment Division, 99 Or App 47, 50-51 , 781 P2d 370 (1989).

Morris v. Denny's Restaurant

53 Or. App. 863 · Court of Appeals of Oregon · Sep 8, 1981

In Wilke v. … See Gainer v. SAIF, 50 Or App 457 , 623 P2d 1093 (1981).

Ransom v. United States National Bank

10 Or. App. 158 · Court of Appeals of Oregon · Jul 27, 1972

The notice did not reflect service upon the Board. The Board was not in fact served until August 25, 1971, or 107 days after the order of the Board was mailed May 10, 1971. … Claimant relies principally on Stroh v. SAIF, 261 Or 117 , 492 P2d 472 (1972), as her authority for the proposition that her late service upon the Board may be excused.

Liberty Northwest Insurance Corporation v. Koitzsch

135 Or. App. 524 · Court of Appeals of Oregon · Jul 19, 1995

Claimant petitioned for judicial review of an order of the Board that rejected her claim for additional disability compensation. We reversed and remanded for reconsideration. Koitzsch v. Liberty Northwest Ins. … England v. Thunderbird, 315 Or 633, 638 , 848 P2d 100 (1993). We begin with the text and context of the statute, which includes both prior versions of the statute and prior judicial construction of it. Mathel v.

State v. Woodford

293 Or. App. 484 · Court of Appeals of Oregon · Aug 22, 2018

See State v. … See State v. Strye , 273 Or.

SAIF Corp. v. Yokum

132 Or. App. 18 · Court of Appeals of Oregon · Dec 21, 1994

Both ORS 656.308(1) and SAIF v. … Group v. Young, 126 Or App 117 , 866 P2d 524 (1994), and Crawford & Company v. Liberty Northwest Ins.

Boeing Co. v. Viltrakis

112 Or. App. 396 · Court of Appeals of Oregon · Apr 22, 1992

Williams v. Gates, McDonald & Co., 300 Or 278, 281 , 709 P2d 712 (1985). The Board held that claimant met that burden. … We held in American Nursing v. Yost, 108 Or App 243 , 815 P2d 708 (1991), and Nordstrom, Inc. v.

Beagle v. Rudie Wilhelm Warehouse Company

2 Or. App. 533 · Court of Appeals of Oregon · Jan 15, 1970

In Coday v. … In Romero v.

SAIF Corp. v. Strubel

161 Or. App. 516 · Court of Appeals of Oregon · Jul 7, 1999

Dietz v. Ramuda, *521 130 Or App 397, 401 , 882 P2d 618 (1994), rev dismissed 321 Or 416 (1995). … See Uris v.

State v. Sweet

93 Or. App. 642 · Court of Appeals of Oregon · Nov 2, 1988

State v. Brown, 306 Or 599, 606-07 , 761 P2d 1300 (1988); State v. Haley, 64 Or App 209, 212-13 , 667 P2d 560 (1983). … State v. Brown, supra, 306 Or at 605 . Defendant’s wife’s testimony was evidence from which the jury could find the required elements of the defense.

State v. Morgan

116 Or. App. 338 · Court of Appeals of Oregon · Feb 23, 1993

See ORS 137.669; State v. Moeller, 105 Or App 434 , 806 P2d 130 , rev dismissed 312 Or 76 , 815 P2d 701 *343 (1991) ; see also State v. Little, 116 Or App 322 , 842 P2d 414 (1992) . … See State v. Haydon, supra, 116 Or App at 353-54.

Henderson v. S.D. Deacon Corp.

127 Or. App. 333 · Court of Appeals of Oregon · Apr 20, 1994

Norpac Foods, Inc. v. Gilmore, supra, 318 Or at 366 . The Board concluded that there was not a sufficient causal connection between claimant’s injury and her work. … However, in reaching that conclusion, the Board relied strongly on our decision in PP&L v. Jacobson, 111 Or App 280, 844 P2d 223 (1992).

Fish & Wildlife Department v. Land Conservation & Development Commission

37 Or. App. 607 · Court of Appeals of Oregon · Dec 18, 1978

Under these circumstances, requiring petitioner to appeal to the Board of Commissioners would have been futile: the Board had already taken a contrary position. Albright v. Employment Appeals Board, supra. … See Fasano v. Washington Co.