Case law

State v. Ewing

36 Or. App. 573 · Court of Appeals of Oregon · Oct 16, 1978

In State v. … The board shall provide to the sentencing court a copy of the schedule and any modifications thereof.”

Albiar v. Silvercrest Industries, Inc.

30 Or. App. 281 · Court of Appeals of Oregon · Aug 1, 1977

SAIF, 20 Or App 412 , 531 P2d 921 (1975); Murphy v. SAIF, 13 Or App 105 , 508 P2d 227 (1973). However, in Nollen v. … Nollen v. SAIF, supra at 423. Affirmed.

Bird v. Bohemia, Inc.

118 Or. App. 201 · Court of Appeals of Oregon · Feb 17, 1993

ORS 174.010; ORS 174.020, State v. Tyler, 108 Or App 378 , 815 P2d 1289 (1991). … We affirmed the Board. Bird v. Bohemia, Inc., 113 Or App 233 , 832 P2d 1276 (1992).

Krieger v. Future Logging

116 Or. App. 537 · Court of Appeals of Oregon · Nov 25, 1992

the CDA; the Board vacated the portions of its order setting aside the denials. *540 The Board correctly concluded that the DCS settled the compensability of the surgery in its entirety. … Or Laws 1990 (Spec Sess), ch 2, § 54(1); see SAIF v. Herron, 114 Or App 64 , 836 P2d 131 (1992).

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.

Pacific Power & Light v. Jacobson

117 Or. App. 280 · Court of Appeals of Oregon · Dec 23, 1992

The referee and the Board held that it was compensable. The Board reasoned that the relationship between the injury and the employment was sufficient under the *283 unified test in Rogers v. … In aid of that determination, the Board referred to the factors identified in Jordan v. Western Electric, 1 Or App 441 , 463 P2d 598 (1970), and later in Mellis v.

State v. Vandepoll

118 Or. App. 193 · Court of Appeals of Oregon · Feb 17, 1993

Brown v. … Rogers v. Roberts, 300 Or 687, 691-92 , 717 P2d 620 (1986); Brown v. Portland School Dist. #1, supra, 291 Or at 81 ; Colson v.

Koach v. Employment Division

25 Or. App. 585 · Court of Appeals of Oregon · Jun 1, 1976

The board adopted the referee’s decision. … Stevenson v. Morgan, 17 Or App 428, 432-33 , 522 P2d 1204 (1974).

Blisserd v. State Accident Insurance Fund

6 Or. App. 111 · Court of Appeals of Oregon · Jul 15, 1971

Coday v. Willamette Tug & Barge, 250 Or 39 , 440 P2d 224 (1968). … Although this court gives respectful consideration to the findings of the hearing officer, this court, the circuit court and the Board are not bound by those findings. Hannan v.

Tupper v. Roan

227 Or. App. 391 · Court of Appeals of Oregon · Apr 15, 2009

Brown v. … Brown, 206 Or App at 251 .

Proctor v. SAIF Corp.

123 Or. App. 326 · Court of Appeals of Oregon · Sep 22, 1993

The Board, instead, analyzed claimant’s activity under the seven factors identified in Mellis v. … We agree that the Board’s analysis is flawed. The Supreme Court in SAIF v.

Tucker v. Lampert

174 Or. App. 373 · Court of Appeals of Oregon · May 23, 2001

An administrative body, such as the Board, possesses only those powers that the legislature grants and cannot exercise authority that it does not possess. Gaynor v. … See ORS 144.050 (authorizing Board to set terms of parole for offenders whose offenses were committed prior to November 1, 1989); Williams v.

SAIF Corporation v. Shipley

147 Or. App. 26 · Court of Appeals of Oregon · Mar 12, 1997

Volk v. America West Airlines, 135 Or App 565 , 899 P2d 746 (1995). The Board, in affirming the administrative law judge (ALJ), made the following findings, which are not challenged. … Corp. v. Yon, 137 Or App 413 , 904 P2d 645 (1995).

Mellis v. McEWEN, HANNA, GISVOLD, RANKIN & VAN KOTEN, EMPLOYERS, AND MISSION INS. CO.

74 Or. App. 571 · Court of Appeals of Oregon · Jul 17, 1985

Jordan v. Western Electric, 1 Or App 441, 443-44 , 463 P2d 598 (1970); see also Halfman v. SAIF, 49 Or 23 , 618 P2d 1294 (1980). … In this case, after applying the Jordan factors, the Board found that claimant’s injury was not work-related, in part because the Board did not believe that eating in a public cafeteria can be considered an ordinary risk

Argonaut Insurance v. Rush

98 Or. App. 730 · Court of Appeals of Oregon · Oct 11, 1989

The Board disagreed with the referee’s legal conclusion and found that the evidence supported the claim’s compensability. We do not evaluate the credibility of witnesses. 1000 Friends of Oregon v. … Van Blokland v. Oregon Health Sciences University, 87 Or App 694, 698 , 743 P2d 1136 (1987). Consequently, we affirm the Board’s conclusion that claiihant’s medical services claim is compensable.

Corona v. Pacific Resource Recycling

125 Or. App. 47 · Court of Appeals of Oregon · Dec 8, 1993

See Martinez v. Dallas Nursing Home, 114 Or App 453 , 836 P2d 147 [, rev den 315 Or 271 ] (1992). … Oliver v. Norstar, Inc., 116 Or App 333, 336 , 840 P2d 1382 (1992).

Freightliner Corp. v. Christensen

163 Or. App. 191 · Court of Appeals of Oregon · Sep 29, 1999

We conclude that the Board’s finding that employer accepted the conditions is supported by substantial evidence and that the Board correctly held that employer may not now deny claimant’s conditions. … Relying on Georgia-Pacific v. Piwowar, 305 Or 494, 501 , 753 P2d 948 (1988), the Board held that, by accepting claimant’s claim for low back pain, employer accepted the underlying cause or causes of the symptoms.

Garcia v. SAIF Corp.

194 Or. App. 504 · Court of Appeals of Oregon · Aug 11, 2004

The board rejected both arguments. … See id.; SAIF v. Fitzsimmons, 159 Or App 464, 469 , 978 P2d 404 (1999), rev den, 329 Or 589 (2000) (so stating with respect to structurally identical earlier version of rule).

Manley v. SAIF Corp.

181 Or. App. 431 · Court of Appeals of Oregon · May 8, 2002

It relies initially on a footnote in Daquilante-Richards v. CIGNA Ins. … See Hewlett-Packard Co. v. Leonard, 151 Or App 307, 311 , 948 P2d 1256 (1997); Schuening v. J. R. Simplot & Company, 84 Or App 622, 625 , 735 P2d 1 , rev den 303 Or 590 (1987).

SAIF Corp. v. Myers

191 Or. App. 263 · Court of Appeals of Oregon · Dec 17, 2003

Citing our opinion in Multifoods Specialty Distribution v. … Drews v. EBI Companies, 310 Or 134, 142 , 795 P2d 531 (1990).