Case law

SAIF Corp. v. Paxton

154 Or. App. 259 · Court of Appeals of Oregon · Jun 10, 1998

Boise Cascade Corp. v. Starbuck, 296 Or 238 [, 243, 675 P2d 1044 ] (1984).” … See FMC Corp. v. Liberty Mutual Ins.

DeHart v. Thompson

143 Or. App. 485 · Court of Appeals of Oregon · Sep 11, 1996

Messmer v. Deluxe Cabinet Works

130 Or. App. 254 · Court of Appeals of Oregon · Sep 14, 1994

Drews v. EBI Companies, supra, 310 Or at 149 ; Hammon Stage Line v. Stinson, 123 Or App 418, 422 , 859 P2d 1180 (1993). There is no argument in this case that the determination order is not final. … The Board erred in concluding that employer is not required to treat the degenerative condition, which has now worsened, as part of the compensable claim. Therefore, we remand to the Board for reconsideration.

Multnomah County v. Shults

243 Or. App. 354 · Court of Appeals of Oregon · Jun 1, 2011

From there, the board concluded that it was required, under Hicks v. … SAIF v. Alton, 171 Or App 491 , 16 P3d 525 (2000), illustrates this approach.

Liberty Northwest Ins. Corp. v. Yon

137 Or. App. 413 · Court of Appeals of Oregon · Oct 25, 1995

We conclude that the Board lacked jurisdiction. In deciding that it had authority to consider this medical services dispute, the Board relied on our opinion in Meyers v. … In Volk v.

Ball v. Halton Co.

167 Or. App. 468 · Court of Appeals of Oregon · May 24, 2000

See Hewlett Packard Co. v. Leonard, 151 Or App 307 , 948 P2d 1256 (1997); Schuening v. J. R. Simplot & Company, 84 Or App 622, 625 , 735 P2d 1 , rev den 303 Or 590 (1987). … We conclude that the Board properly declined to consider claimant’s argument, because it was not raised at the hearing. Fister v. Smith Hills Health Care, 149 Or App 214 , 942 P2d 833 (1997). Affirmed.

Sinclair v. Champion International Corp.

117 Or. App. 515 · Court of Appeals of Oregon · Dec 30, 1992

SAIF v. Stephen, supra, 308 Or at 48 . The Board determined that, even though it would have been futile for claimant to seek work, he failed to prove that he was willing to work. … The Board’s finding is supported by substantial evidence. See SAIF v. Stephen, supra. Affirmed.

Johnston v. James River Corporation

756 P.2d 696 · Court of Appeals of Oregon · Jun 22, 1988

In this workers' compensation case, we review under the standards stated in Armstrong v. Asten-Hill Co., 90 Or. App. 200 , 752 P.2d 312 (1988). … See George v. Richard's Food Center, 90 Or. App. 639 , 752 P.2d 1309 (1988). When the Board reverses, adequate judicial review requires specific findings in the Board's opinion substantiating its contrary conclusion.

Talley v. BCI Coca Cola Bottling

184 Or. App. 129 · Court of Appeals of Oregon · Oct 9, 2002

Citing *134 Harsh v. … board’s own motion jurisdiction. 2 By contrast, claims that are reopened under the board’s own motion authority are processed pursuant to the board’s administrative rules.

McAlpine v. Multnomah County

131 Or. App. 136 · Court of Appeals of Oregon · Oct 26, 1994

Fazzolari v. Portland School Dist. No. 1J, supra; Buchler v. … Torres v. Pacific Power and Light, 84 Or App 412, 415 , 734 P2d 364 , rev dismissed 304 Or 1 (1987) (negligence per se); Dunlap v.

State Accident Insurance Fund Corp. v. James

61 Or. App. 30 · Court of Appeals of Oregon · Dec 22, 1982

In the first, we affirmed the Board’s original order that found claimant’s disability to be compensable. James v. SAIF, 44 Or App 405 , 605 P2d 1368 (1980). … In SAIF v.

Bay Area Hospital & Health Future Enterprises v. Landers

150 Or. App. 154 · Court of Appeals of Oregon · Sep 17, 1997

The Board concluded that: (1) employer did not accept the chondromalacia patella condition when it accepted her original injury claim; but, (2) under Deluxe Cabinet Works v. … Thus, the Board’s holding was premised on our analysis in Messmer II.

State v. Hunt

119 Or. App. 452 · Court of Appeals of Oregon · Apr 21, 1993

State v. Hammang, 271 Or 749, 756 , 534 P2d 501 (1975), purported to overrule State v. Brown, supra. In State v. Farley, supra, 301 Or at 674 , the court held that it had erred in overruling Brown in Hammang . … We have since cited and relied on the rule in Brown without further discussion. See, e.g., State v. Schaffran, 95 Or App 329, 332 , 769 P2d 230 (1989).

Evangelical Lutheran Good Samaritan Society v. Bonham

176 Or. App. 490 · Court of Appeals of Oregon · Sep 12, 2001

The Board found that it was not, but employer argues that it was. Whether claimant’s herniated disc constituted a new medical condition is a question of fact for the Board to determine. SAIF v. … Tull, 113 Or App 449 , 832 P2d 1271 (1992) (what is a condition is a question of fact that the Board must decide). See also Ware v.

White v. Reyes

335 Or. App. 124 · Court of Appeals of Oregon · Sep 18, 2024

Union Oil Co. v. Board of Co. Comm. of Clack. Co., 81 Or App 1, 6, 724 P2d 341 (1986) (rejecting petitioner’s attempt to treat tests and factors from the same opinion as “wholly independent” of each other). … Penrod/Brown v. Cupp, 283 Or 21, 581 P2d 934 (1978). In Penrod/Brown, we explained that the additional restraints created a “prison within a prison” from which the adult in custody could seek release. Id. at 25.

Allied Waste Industries, Inc. v. Crawford

203 Or. App. 512 · Court of Appeals of Oregon · Dec 28, 2005

Dietz v. Ramuda, 130 Or App 397, 401 , 882 P2d 618 (1994), rev dismissed, 321 Or 416 (1995). As we explained in SAIF v. … Kenimer, 183 Or App at 138 ; see also Worldmark The Club v.

Whitlock v. Klamath County School District

142 Or. App. 137 · Court of Appeals of Oregon · Jul 3, 1996

That emphasis may well have skewed the Board’s passing consideration of the preparation demands of the social studies position. Accord Magana v. … See Ross v. Springfield School Dist. No. 19, 294 Or 357, 370 , 657 P2d 188 (1982). Accordingly, we reverse and remand for the Board to address that question.

Department of Consumer & Business Services v. Muliro

267 Or. App. 526 · Court of Appeals of Oregon · Dec 10, 2014

See Benson v. … Id.', see also Ebbtide Enterprises v.

Atchley v. GTE Metal Erectors

149 Or. App. 581 · Court of Appeals of Oregon · Sep 10, 1997

However, citing Lebanon Plywood v. Seiber, 113 Or App 651 , [ 833 P2d 1367 ] (1992), the ALJ declined to award further [temporary] benefits.” The Board affirmed the ALJ’s decision. … Similarly, in Anodizing, Inc. v. Heath, 129 Or App 352 , 879 P2d 218 (1994), the employer appealed an order of *585 the Board awarding the claimant temporary disability benefits.

BASIN TIRE SERVICE, INC. v. Minyard

240 Or. App. 715 · Court of Appeals of Oregon · Feb 16, 2011

Corp., Inc. v. Watkins, 347 Or 687, 690-91 , 227 P3d 1134 (2010). … See, e.g., Robinson v.