Case law

State v. Tripp

36 Or. App. 141 · Court of Appeals of Oregon · Sep 6, 1978

See In re Williams, 306 Fed Supp 617 (DDC 1969); Thomas v. State, 21 MD 573, 320 A2d 538 (1974); Bryant v. … v.

SAIF v. Blankenship

314 Or. App. 34 · Court of Appeals of Oregon · Aug 18, 2021

Fred Meyer, Inc., v. Hayes, 325 Or 592, 598, 943 P2d 197 (1997). Risks are generally categorized as employment- related risks, personal risks, or neutral risks. Phil A. Livesley Co. v. … The board did not err in concluding that 38 SAIF v.

Ebbtide Enterprises v. Tucker

81 Or. App. 109 · Court of Appeals of Oregon · Sep 10, 1986

The responsibility question was nevertheless subject to the Board’s de novo review. See Destael v. Nicolai Co., 80 Or App 596 , 723 P2d 348 (1986). … Industrial Indemnity Co. v. Kearns, 70 Or App 583 , 690 P2d 1068 (1984); see also Boise Cascade Corp. v. Starbuck, 296 Or 238 , 675 P2d 1044 (1984).

Hunt v. Employment Department

139 Or. App. 440 · Court of Appeals of Oregon · Mar 6, 1996

Petitioner next relies on our decisions in Pinto v. Employment Div., 122 Or App 616 , 858 P2d 177 (1993), Dooley v. Employment Division, 88 Or App 609 , 746 P2d 750 (1987), and Ruiz v. … The Board argues that the evidence in the record as a whole is sufficient to support its finding. We review that challenge for substantial evidence. ORS 183.482(8)(c); Garcia v.

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).

Roseburg Forest Products v. Lund

245 Or. App. 65 · Court of Appeals of Oregon · Aug 17, 2011

Brumnett v. PSRB, 315 Or 402, 405-06 , 848 P2d 1194 (1993). … In that light, we understand employer to contend that the board mischaracterized the scope of its acceptance. We disagree. In Columbia Forest Products v.

SAIF Corp. v. Drews

117 Or. App. 596 · Court of Appeals of Oregon · Jan 20, 1993

See Tektronix, Inc. v. Nazari, 117 Or App 409 , 844 P2d 258 (1992). … The Board held that Wausau had met that burden and assigned responsibility for the condition to SAIF. *600 We agree witH the Board’s analysis.

Glide School District No. 12 v. Carell

39 Or. App. 727 · Court of Appeals of Oregon · Apr 23, 1979

See Lincoln County School District v. Mayer, 39 Or App 99 , 591 P2d 755 (1979). … See Reynolds School Dist. v. Martin, 30 Or App 39 , 566 P2d 196 (1977); Lincoln County School District v. Mayer, supra.

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.

Stepp v. SAIF Corp.

78 Or. App. 438 · Court of Appeals of Oregon · Apr 9, 1986

Claimant seeks review of a Workers’ Compensation Board order reversing a referee’s award of permanent total disability. … Waldroup v. J. C. Penney Co., 30 Or App 443, 448 , 567 P2d 576 (1977). That determination cannot be relitigated in an aggravation claim. Deaton v. SAIF, 33 Or App 261, 263 , 576 P2d 35 (1978).

State v. Romero

191 Or. App. 164 · Court of Appeals of Oregon · Dec 10, 2003

State v. Brown, 297 Or 404, 407 , 687 P2d 751 (1984). … Brown, 297 Or at 438 .

Gilliam County v. Department of Environmental Quality

114 Or. App. 369 · Court of Appeals of Oregon · Dec 22, 1992

In Clark v. … It cites Kids Against the Cut v.

State v. Coty

31 Or. App. 885 · Court of Appeals of Oregon · Dec 5, 1977

The state concedes that defendant’s conviction for driving under the influence of intoxicants must be reversed and remanded for a new trial because of Brown v. Multnomah County Dist. … Defendant responds that outright reversal without remand is required because: (1) Brown now requires that guilt in a case like this be established beyond a reasonable doubt; and (2) at the conclusion of defendant’s pre-Brown

State v. Vandehey

83 Or. App. 325 · Court of Appeals of Oregon · Jan 28, 1987

State v. Brown, supra, 301 Or at 276 . … State v. Brown, supra, 301 Or at 277 . The deputy testified that defendant’s vehicle was inoperable. It was immobile when he first encountered it.

White v. the Boldt Company

212 Or. App. 59 · Court of Appeals of Oregon · Apr 11, 2007

The board affirmed. On judicial review, claimant argues that the board erred as a matter of law in applying the major contributing cause standard to determine the compensability of his injury. … ORS 656.005(7)(a); Olsen v. State Ind. Acc. Com., 222 Or 407, 414 , 352 P2d 1096 (1960); Albany General Hospital v.

Wayne-Dalton Corp. v. Mulford

190 Or. App. 370 · Court of Appeals of Oregon · Nov 5, 2003

The board based its ruling on two of our previous decisions, Templeton v. Pope and Talbot, Inc., 7 Or App 119 , 490 P2d 205 (1971), and Liberty Northwest Insurance Co. v. Meeker, 106 Or App 411 , 807 P2d 342 (1991). … More significantly, those cases were decided before PGE v. Bureau of Labor and Industries, 317 Or 606 , 859 P2d 1143 (1993).

State v. Fuerte-Coria

196 Or. App. 170 · Court of Appeals of Oregon · Nov 10, 2004

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). Here, the alleged unpreserved error is not reviewable under ORAP 5.45(1) because the legal point is not “obvious”; indeed it is “reasonably in dispute.” Id. … Brown, 310 Or at 355 . Accord State v.

State v. Woodward

1 Or. App. 338 · Court of Appeals of Oregon · Dec 18, 1969

State v. … Lyons, 247 Or 255 , 428 P2d 890 (1967); State v. Poole, 161 Or 481 , 90 P2d 472 (1939). The exhibit here is duly certified by the Secretary of the Oregon State Board of Health. In Finchum v.

Basmaci v. the Stanley Works

177 Or. App. 102 · Court of Appeals of Oregon · Oct 3, 2001

Employer requested Board review. The Board reinstated employer’s denial of the low-back strain. The Board also reversed the AU’s award of interim compensation and penalties. … Botefur v. City of Creswell, 84 Or App 627, 630 , 735 P2d 20 (1987). In fact, a claimant may be entitled to interim compensation even though there is no entitlement to temporary disability. Jones v.

State v. Washington

28 Or. App. 765 · Court of Appeals of Oregon · Mar 21, 1977

See also State v. Boyd, 271 Or 558 , 533 P2d 795 (1975). The acts charged in the separate indictments here are as closely linked in "time, place and circumstance,” State v. … See State v. Brown, 262 Or 442 , 497 P2d 1191 (1972); State of Oregon v. McCormack, 8 Or 236 (1880). See also Ashe v. Swenson, 397 US 436 , 90 S Ct 1189 , 25 L Ed 2d 469 (1970). In State v.