Case law

Cantrell v. Employment Division

24 Or. App. 215 · Court of Appeals of Oregon · Jan 26, 1976

The Appeals Board heard the matter de novo on the record (Stevenson v. … In Fajardo v. Employment Division, 20 Or App 390, 394 , 532 P2d 29 (1975), and Fajardo v.

Publishers Paper Co. v. Morgan

10 Or. App. 94 · Court of Appeals of Oregon · Jun 23, 1972

The majority view is well expressed in Campbell Soup Co. v. Div. of Employment Security, 13 NJ 431, 100 A2d 287 (1953), where the court, speaking through Justice William B. … Krauss v. A. & M. Karagheusian, Inc., 13 N.J. 447 [ 100 A2d 277 ] (1953).

Veselik v. SAIF Corp.

177 Or. App. 280 · Court of Appeals of Oregon · Oct 17, 2001

See Joseph Baggett v. The Boeing Company, 150 Or App 269 [, 945 P2d 663 ] (1997). … Outdoor Media Dimensions Inc. v. State of Oregon, 331 Or 634 , 643-44 n 5, 20 P3d 180 (2001); Marvin Wood Products v. Callow, 171 Or App 175, 184 , 14 P3d 686 (2000).

Birmingham v. Department of Forestry

209 Or. App. 736 · Court of Appeals of Oregon · Dec 13, 2006

Thomas Creek Lumber v. Board of Forestry, 188 Or App 10, 22 , 69 P3d 1238 (2003). … We give deference to an agency’s interpretation of its own rule if it is not “inconsistent with the wording of the rule itself, or with the rule’s context, or with any other source of law[.j” Don’t Waste Oregon Com. v.

Medford Corp. v. Smith

110 Or. App. 486 · Court of Appeals of Oregon · Jan 8, 1992

Under Bracke v. Baza’r, 293 Or 239 , 646 P2d 1330 (1982), the Board correctly held that, in the absence of disability, the date of the onset of the disease is the date on which claimant first sought medical treatment. … The parties agree that, in view oí Aetna Casualty Co. v.

Karl v. Construction Equipment Co.

132 Or. App. 293 · Court of Appeals of Oregon · Jan 4, 1995

The Board awarded claimant an additional attorney fee under ORS 656.386(1) for having prevailed on the question of the compensability of medical treatment. On reconsideration, and relying on our opinion in SAIF v. … Allen, 124 Or App 183 , 861 P2d 1018 (1993), the Board withdrew the award of attorney fees, reasoning that the dispute concerned only the payment of medical bills related to a compensable claim. In the light of SAIF v.

Liberty Northwest Insurance v. Cross

109 Or. App. 109 · Court of Appeals of Oregon · Oct 2, 1991

Blakely v. SAIF, 89 Or App 653 , 750 P2d 528 , rev den 305 Or 672 (1988). The Board’s finding on predisposition was irrelevant to that test and may be disregarded. See Preston v. … We review only the Board’s order. ORS 656.298(6); ORS 183.482(8). Although the Board affirmed and adopted the referee’s order, it also made its own independent analysis, which replaced the referee’s analysis.

Card v. Flegel

26 Or. App. 783 · Court of Appeals of Oregon · Sep 13, 1976

Petitioner sought judicial review of the Board’s decision in circuit court on December 3,1973. … Racing Com., 215 Or 76, 79 , 332 P2d 634 (1958) (quoting State ex rel. v. Grand Jury, 37 Or 542 , 62 P 208 (1900)).

Department of Human Services v. D. H.

269 Or. App. 863 · Court of Appeals of Oregon · Mar 18, 2015

Dept. of Human Services v. N. … Dept. of Human Services v. G. J. R., 254 Or App 436, 443 , 295 P3d 672 (2013).

Bloomfield v. Employment Division

25 Or. App. 771 · Court of Appeals of Oregon · Jun 21, 1976

In addition, the board apparently did not consider claimant’s tes *775 timony that she did not have the financial ability to continue in her employment. Claimant’s testimony is not contradicted. In Grigsby v. … The board evidently relied on the forms and ignored claimant’s testimony. In Evjen v.

Armstrong v. State Accident Insurance Fund

58 Or. App. 602 · Court of Appeals of Oregon · Aug 18, 1982

Relying on Stroh v. SAIF, 1471 Or 117 , 492 P2d 472 (1972); Wisherd v. Paul Koch Volkswagen, 28 Or App 513 , 559 P2d 1305 (1977); and Stevens v. … Relying principally on Lindsey v.

Urness v. Liberty Northwest Insurance

130 Or. App. 454 · Court of Appeals of Oregon · Oct 5, 1994

Corp. v. Golden, 116 Or App 64 , 840 P2d 1362 (1992), rev den 315 Or 442 (1993), and we summarize those facts necessary for our review. … Liberty Northwest Corporation v. Golden, supra, 116 Or App at 67-68 .

Gage v. Fred Meyer Stores - Kroger Co.

Court of Appeals of Oregon · Dec 6, 2023

ORS 183.482(8)(a), (c); SAIF v. … See State v.

Jakob v. Dunes City

51 Or. App. 505 · Court of Appeals of Oregon · Apr 6, 1981

the following statement (labeled by LCDC to be a "determination”): "The Land Conservation and Development Commission was unable to concur in any action on the allegations of *508 goal violations in LUBA 80-032, Dunes City v. … The commission shall issue its determination on the recommendation of the board and return the determination to the board for inclusion in the board’s order under section 5 of this 1979 Act within such time as is necessary

SAIF Corp. v. Tono

265 Or. App. 525 · Court of Appeals of Oregon · Sep 17, 2014

BACKGROUND This case arises on SAIF Corporation’s (SAIF’s) petition for judicial review of an order of the Workers’ Compensation Board (board). … The parties do not challenge the board’s factual findings. We therefore take the facts from the board’s order, supplementing with consistent facts from the record as necessary. Meltebeke v.

Jeld-Wen, Inc. v. Molena

166 Or. App. 396 · Court of Appeals of Oregon · Apr 5, 2000

See Burris v. SAIF Corp., 116 Or App 498, 500 , 841 P2d 696 (1992), rev den 315 Or 442 (1993); Morrow v. Pacific University, 100 Or App 198, 200 , 785 P2d 787 (1990). … The Board’s finding is supported by substantial evidence, as the portion of the ALJ’s opinion quoted above demonstrates. See Dietz v.

Shelton v. Armenakis

146 Or. App. 521 · Court of Appeals of Oregon · Feb 26, 1997

Bedell v. Schiedler, 307 Or 562, 564 , 770 P2d 909 (1989). … Rios v. Mazur-Hart, 124 Or App 193, 194 , 859 P2d 1204 (1993).

Pettit v. AUSTIN LOGGING COMPANY

9 Or. App. 347 · Court of Appeals of Oregon · May 18, 1972

Hannan v. Good Samaritan Hosp., 4 Or App 178 , 471 P2d 831 , 476 P2d 931 (1970), Sup Ct review denied (1971). … Logan v. Boise Cascade Corp., 5 Or App 636 , 485 P2d 441 , Sup Ct review denied (1971). Affirmed.

State v. Wilson

111 Or. App. 147 · Court of Appeals of Oregon · Feb 12, 1992

From this list, the Guidelines Board adopted the nonexclusive factors set forth in this rule. … State v. McAlpin, 108 Wn 2d 458, 740 P2d 824 (1987); State v. Nordby, 106 Wn 2d 514, 723 P2d 1117 (1986); State v. Davis, 53 Wash App 306, 766 P2d 1120 (1989).

Currie v. Douglas County

308 Or. App. 235 · Court of Appeals of Oregon · Dec 30, 2020

Affirmed. 236 Currie v. Douglas County SHORR, J. Petitioner seeks judicial review of a final opinion and order of the Land Use Board of Appeals (LUBA). … Relying on Beck v.