Case law

Von Poppenheim v. Morgan

9 Or. App. 495 · Court of Appeals of Oregon · Jun 9, 1972

The Supreme Court in Cameron v. … Affirmed. ① See Unemployment Comm. v. Dan River, 197 Va 816, 91 SE2d 642 (1956); Moore v. Com’r of Employment Sec., 197 Tenn 444, 273 SW2d 703 (1954).

Brewer v. State Accident Insurance Fund Corp.

59 Or. App. 87 · Court of Appeals of Oregon · Sep 8, 1982

Hutcheson v. Weyerhaeuser, 288 Or 51, 55 , 602 P2d 268 (1979). De novo review of the record satisfies us that claimant has met that burden of proof with regard to the worsening of her right wrist condition. … The Board affirmed and we affirm the Board on that issue.

Silsby v. State Accident Insurance Fund

39 Or. App. 555 · Court of Appeals of Oregon · Apr 2, 1979

Co. v. SAIF, 20 Or App 419, 423 , 532 P2d 38 (1975). … In Hewes v.

Port of Portland Ocip v. Cierniak

207 Or. App. 571 · Court of Appeals of Oregon · Sep 6, 2006

Bracke v. Baza’r, 293 Or 239, 248 , 646 P2d 1330 (1982). … Because the board left the inconsistency unaddressed, we cannot determine whether the board’s ultimate finding was valid. We considered a similar situation in SAIF v. January, 166 Or App 620 , 998 P2d 1286 (2000).

Alvarez v. GAB Business Services, Inc.

72 Or. App. 524 · Court of Appeals of Oregon · Mar 6, 1985

Claimant petitions for review of an order of the Workers’ Compensation Board. … See Maarefi v. SAIF, 69 Or App 527, 531 , 686 P2d 1055 (1984). The Board agreed with the referee’s conclusion that Dr. Gilsdorf s January 24,1983, letter was a valid aggravation claim. ORS 656.273(3).

Collins v. States Veneer, Inc.

14 Or. App. 114 · Court of Appeals of Oregon · Jul 30, 1973

The circuit court reversed the order of the Board and denied compensation for the claimed aggravation. … Hamilton v. SAIF, supra at 1302. “* * # [T]he written opinion is a condition precedent to the right to have a hearing on a claim * * Larson v. Compensation Department, supra at 482.

State v. Gatto

304 Or. App. 210 · Court of Appeals of Oregon · May 13, 2020

Brown¸ 273 Or App 347, 352 n 4, 359 P3d 413 (2015), we noted the development of two different formulations for abandonment, viz., actual or apparent abandonment: “In [State v.] … State v. Brown, 348 Or 293, 297-98, 232 P3d 962 (2010) (quoting State v. Campbell, 306 Or 157, 164, 759 P2d 1040 (1988) (emphasis omitted)).

Independent Paper Stock v. Wincer

100 Or. App. 625 · Court of Appeals of Oregon · Mar 7, 1990

By promulgating OAR 438-12-018, the Board exceeded its authority. … In Armstrong v.

Multnomah County v. Obie

207 Or. App. 482 · Court of Appeals of Oregon · Aug 30, 2006

In Bowen v. … Corp. v.

Swint v. City of Springfield

305 Or. App. 679 · Court of Appeals of Oregon · Aug 5, 2020

See Walker v. … Instead, the board discussed our decision in French-Davis v.

Libbett v. Roseburg Forest Products

130 Or. App. 50 · Court of Appeals of Oregon · Sep 7, 1994

In Koitzsch v. Liberty Northwest Ins. … The Board could rely on that evidence in its evaluation of the medical evidence. The Board did not err.

Greenwade v. Tepper

285 Or. App. 646 · Court of Appeals of Oregon · May 17, 2017

See Brown v. Roach, 249 Or App 579, 585 , 277 P3d 628 (2012) (observing that we have repeatedly held that “offensive, hostile, and aggressive statements are not enough to satisfy the standard [set out in Rangel]”). … Id.; see also Campola v.

Brandt v. Marion County

6 Or. App. 617 · Court of Appeals of Oregon · Oct 4, 1971

There is a presumption of legislative regularity which applies to the functions of the Board of Commissioners. Archdiocese of Port. v. Co. of Wash., 254 Or 77 , 458 P2d 682 (1969); Rust v. … . # * *” Then the court used Archdiocese of Port. v. Co. of Wash., supra, and Rust v. City of Eugene, supra, to allow review only if the Board acted “arbitrarily or capriciously.”

Johnson v. SAIF Corp.

194 Or. App. 689 · Court of Appeals of Oregon · Aug 25, 2004

SAIF v. Walker, 330 Or 102, 118-19 [, 996 P2d 979 ] (2000); SAIF v. … See Uris v.

Matter of Compensation of Davies

103 Or. App. 280 · Court of Appeals of Oregon · Sep 5, 1990

The Board awarded $600, without any explanation for its decision. In Weyerhaeuser Co. v. … The Board gave no explanation. Therefore, we remand for reconsideration of attorney fees.

Horner's Market v. Tri-County Metropolitan Transportation District

2 Or. App. 288 · Court of Appeals of Oregon · Mar 26, 1970

State ex rel of the Board of Police of Balto., 15 Md 376, 74 Am Dec 572 (1860); State v. West Duluth Land Co., 75 Minn 456, 78 NW 115 (1899); State ex rel Bowen v. … Philippi v. Board of Education, 245 Or 446 , 422 P2d 265 (1967), reiterates the same rules.

Owen v. State Accident Insurance Fund

33 Or. App. 385 · Court of Appeals of Oregon · Apr 3, 1978

Claimant appeals an award by the Workers’ Compensation Board of 50 percent of unscheduled permanent partial disability. … Russell v. SAIF, 33 Or App 153 , 576 P2d 376 (1978). Our practice has its origins in the declaration by the Supreme Court of its entitlement to "take into account” administrative expertise. Romero v.

Safeway Stores, Inc. v. Johnson

134 Or. App. 432 · Court of Appeals of Oregon · May 24, 1995

We affirmed the Board’s order, in which it held that claimant had a compensable worsening of an occupational disease. Safeway Stores, Inc. v. Johnson, 129 Or App 147 , 877 P2d 679 (1994). … The right to attorney fees under ORS 656.386(1) “is predicated on the existence of a ‘claim for compensation * * *.’ ” SAIF v. Allen, 320 Or 192, 201 , 881 P2d 773 (1994).

Coleman v. Parry Center for Children

43 Or. App. 775 · Court of Appeals of Oregon · Dec 24, 1979

Hage et ux v. Harvey et al, 210 Or 652, 656-57 , 313 P2d 448 (1957); Marshall v. Strauss, 160 Or 265, 274 , 84 P2d 502 (1938); Union Cent. Life Ins. Co. v. Toliver, 152 Or 185, 193 , 52 P2d 1129 (1936); Ramsey v. … Bessler v. Derby, supra.

Saif Corp. v. Herron

114 Or. App. 64 · Court of Appeals of Oregon · Jul 8, 1992

Satterfield v. Satterfield, 292 Or 780, 782 , 643 P2d 336 (1982). … See Cal-Roof Wholesale v. Tax Com., 242 Or *72 435, 443 , 410 P2d 233 (1966); Rivers v. SAIF, 45 Or App 1105, 1108 , 610 P2d 288 (1980).