Case law

Buddenberg v. Southcoast Lumber

112 Or. App. 148 · Court of Appeals of Oregon · Mar 11, 1992

Claimant argues that the “Board’s method is unprecedented, and the ramifications [are] far-reaching.” However, in Wardell v. … The Board analyzed this claim similarly. See also Barrett v. Union Oil Distributors, 60 Or App 483, 488 , 654 P2d 668 (1982), rev den 294 Or 569 (1983).

Davis v. SAIF

316 Or. App. 301 · Court of Appeals of Oregon · Dec 15, 2021

The relevant facts are undisputed; thus, we review the board’s determination for errors of law. ORS 656.298(7); ORS 183.482(8); American Medical Response v. … Robinson v. Nabisco, Inc., 331 Or 178, 186, 11 P3d 1286 (2000).

In re the Dissolution of the Marriage of Dresie

16 Or. App. 687 · Court of Appeals of Oregon · Mar 18, 1974

In Howser v. … Hurner v. Hurner, 179 Or 349, 357 , 170 P2d 720 (1946). * * *’ Watson v. Watson, 251 Or 65, 66-67 , 444 P2d 476 (1968).” With specific reference to the problem confronting the trial judge here, we said in Brown v.

OR-OSHA v. Loy Clark Pipeline, Co.

320 Or. App. 205 · Court of Appeals of Oregon · Jun 8, 2022

See State v. … Id.; see also Murphy v. Oregon Medical Board, 270 Or App 621, 631, 348 P3d 1173 (2015) (notice did not provide adequate notice of statutory bases for discipline); Villanueva v.

Babcock v. Employment Division

25 Or. App. 661 · Court of Appeals of Oregon · Jun 14, 1976

Geraths v. Employment Division, 24 Or App 201 , 544 P2d 1066 (1976); Romanosky v. Employment Div., 21 Or App 785, 536 P2d 1277 (1975); Georgia-Pacific v. Employment Div., 21 Or App 135, 533 P2d 829 (1975). … App. 638, 641 , 95 N.E.2d 214 ; Boynton Cab Co. v. Giese (1941), 237 Wisc. 237, 296 N.W. 630 . * * *” 147 Ind App at 44. Geraths was decided by this court after the decision in this case was handed down by the board.

SAIF Corp. v. Traner

273 Or. App. 310 · Court of Appeals of Oregon · Aug 26, 2015

In the principal case, SAIF v. … In Saxton v.

Goodsell v. Eagle-Air Estates Homeowners Ass'n

249 Or. App. 639 · Court of Appeals of Oregon · May 9, 2012

On appeal, reversed and remanded; cross-appeal dismissed as moot. 1 See, e.g., Morgan v. Goodsell, 198 Or App 385 , 108 P3d 612 (2005); Morgan v. … Goodsell, 198 Or App 533 , 109 P3d 803 , rev den, 339 Or 406 (2005); Morgan v. Goodsell, 220 Or App 329 , 185 P3d 1117 (2008); Eagle-Air Estates Homeowners Assn. v.

SAIF Corp. v. Frias

169 Or. App. 345 · Court of Appeals of Oregon · Aug 23, 2000

similar version of the rule comported with the legislative intent of ORS 656.210(2)(b)(A) that “ ‘[t]he benefits of a worker who incurs an injury shall be based on the wage of the worker at the time of injury.’ ” Hadley v. … ORS 656.210(2) delegates no authority to the Board to do otherwise. Id. at 161 . We interpret administrative rules according to their plain meaning, considering the text of the rule in context. SAIF v.

Vega v. Express Services

144 Or. App. 602 · Court of Appeals of Oregon · Nov 27, 1996

Our review of the Board’s determination of whether an employer has unreasonably withheld compensation under ORS 656.262(10) was explained in our decision in Tattoo v. … If the Board uses the correct legal standard, then we review its finding about reasonableness for substantial evidence.” (Citations omitted.) See also Dawes v.

Fred Meyer, Inc. v. Bundy

159 Or. App. 44 · Court of Appeals of Oregon · Mar 17, 1999

Jensen v. Conagra, Inc., 152 Or App 449 , 954 P2d 822 (1998); 2 Volk v. America West *49 Airlines, 135 Or App 565 , 899 P2d 746 (1995), rev den 322 Or 645 (1996). … The dissent contends that our decision in this case should be controlled by our holdings in Shaw v. Rebholz, 152 Or App 328 , 954 P2d 190 (1998) and Santos v. Caryall Transport, 152 Or App 322 , 954 P2d 187 (1998).

Glennen v. Employment Division

25 Or. App. 593 · Court of Appeals of Oregon · Jun 1, 1976

Stevenson v. Morgan, 17 Or App 428 , 522 P2d 1204 (1974); Cantrell v. Employment Division, 24 Or App 215 , 545 P2d 143 , Sup Ct review denied (1976). … Under these circumstances we affirm the board’s decision.

State ex rel. Department of Land Conservation & Development v. Clatsop County

244 Or. App. 27 · Court of Appeals of Oregon · Jun 29, 2011

For the reasons set forth in DLCD v. … Friends of Yamhill County v. Board of Commissioners, 237 Or App 149, 152 , 238 P3d 1016 (2010), rev allowed, 349 Or 602 (2011).

Pohrman v. Klamath County Commissioners

25 Or. App. 613 · Court of Appeals of Oregon · Jun 14, 1976

This is a landowner’s appeal from a zoning decision of the Klamath County Board of Commissioners (Board). Plaintiff owns an interest in about 3400 acres purchased in 1970. … Clackamas Co. v. Holmes, 265 Or 193, 199 , 508 P2d 190 (1973).

Cascade Steel Rolling Mills v. Madril

62 Or. App. 598 · Court of Appeals of Oregon · Apr 13, 1983

On the merits, and without indulging in a lengthy recitation of the medical evidence, see Bowman v. … See Cascade Steel Rolling Mills, supra, 57 Or App at 402 ; Green v. State Ind. Acc. Com., 197 Or 160 , 251 P2d 437 , 252 P2d 545 (1953). Affirmed.

Santos v. Caryall Transport

171 Or. App. 467 · Court of Appeals of Oregon · Dec 20, 2000

See Gainor v. SAIF, 51 Or App 869, 870 , 627 P2d 41 (1981); Bailey v. Morrison-Knudsen, 5 Or App 592, 598-600 , 485 P2d 1254 (1971). Here, employer initiated the appeal to the Board and prevailed at that level. … Deaton v.

Pilling v. Travelers Ins. Co. (In re Pilling)

289 Or. App. 715 · Court of Appeals of Oregon · Jan 4, 2018

See Rubalcaba v. Nagaki Farms, Inc. , 333 Or. 614 , 43 P.3d 1106 (2002) (describing test); Woody v. Waibel , 276 Or. 189 , 554 P.2d 492 (1976) (same). … Hayes v.

Boyd v. SAIF Corp.

115 Or. App. 241 · Court of Appeals of Oregon · Sep 16, 1992

There were conflicting medical opinions about the genesis of claimant’s disability, and the Board’s selection of one as opposed to the other was not error. Armstrong v. … For example, in Albee v.

Westrope v. Employment Department

144 Or. App. 163 · Court of Appeals of Oregon · Oct 16, 1996

Simplot Co. v. Employment Div., 102 Or App 523 , 795 P2d 579 (1990); Silver Eagle Mfg. Co. v. Employ. Div., 95 Or App 635 , 770 P2d 607 (1989); and Pembroke v. … I could’ve, yes.” *170 We cautioned, in Bremer v.

Peterson v. CITY COUNCIL, CITY OF LAKE OSWEGO

32 Or. App. 181 · Court of Appeals of Oregon · Jan 23, 1978

by Fasano v. … In Tierney v.

Stewart v. Cupp

12 Or. App. 167 · Court of Appeals of Oregon · Feb 12, 1973

State v. Brown, 262 Or 442 , 497 P2d 1191 (1972), the Oregon Supreme Court held the Brown rule not retroactive in State v. … Fair, 263 Or 383 , 502 P2d 1150 (1972) Under pre-Brown decisions, petitioner’s double jeopardy contentions have no merit. State v.