Case law

State v. Haydon

113 Or. App. 205 · Court of Appeals of Oregon · May 20, 1992

Except as provided in ORS 137.671 [authorizing departure sentences], the incarcerative guidelines and any other guidelines so designated by the board shall be mandatory and constitute presumptive sentences.” … State v. Turner, 247 Or 301 , 429 P2d 565 (1967); State 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).

State v. Thomas

32 Or. App. 85 · Court of Appeals of Oregon · Jan 16, 1978

See State v. Cloran, 233 Or 400 , 374 P2d 748 , 377 P2d 911 , 378 P2d 961 (1963); State of Oregon v. Davis, 207 Or 525 , 296 P2d 240 (1956); State of Oregon v. … Berry and Walker, 204 Or 69 , 267 P2d 993 , 267 P2d 995 , 282 P2d 344 , 282 P2d 347 (1955); State of Oregon v. Brown, 5 Or 119 (1873).

Portland Adventist Medical Center v. Buckallew

124 Or. App. 141 · Court of Appeals of Oregon · Oct 20, 1993

We review to determine whether the Board’s findings are supported by substantial evidence. ORS 656.298(6); ORS 183.482(8); Garcia v. Boise Cascade Corp., 309 Or 292, 295 , 787 P2d 884 (1990). We affirm. … Corp. v.

Kienow's Food Stores, Inc. v. Lyster

79 Or. App. 416 · Court of Appeals of Oregon · May 21, 1986

See Gallea v. Willamette Industries, 56 Or App 763 , 643 P2d 390 (1982). … The conclusions of the referee and the Board are amply supported by the record.

American Federation of State, County & Municipal Employees, Council 75, Local 2043 v. City of Lebanon

265 Or. App. 288 · Court of Appeals of Oregon · Sep 4, 2014

The board relied upon OPEU v. … Specifically, the union cites National Labor Relations Board v.

Raifsnider v. Caveman Industries, Inc.

55 Or. App. 780 · Court of Appeals of Oregon · Feb 2, 1982

Higgins v. Med. Research Foundation, 48 Or App 29, 32 , 615 P2d 1192 (1980); see Inkley v. Forest Fiber Products Co., 288 Or 337, 348 , 605 P2d 1175 (1980); Satterfield v. … Similarly, the Board made no specific finding of prejudice. Employer argues that it was prejudiced, relying on Vandre v. Weyerhaeuser Co., 42 Or App 705 , 601 P2d 1265 (1979).

Johnson v. Eugene Emergency Physicians, P.C.

159 Or. App. 167 · Court of Appeals of Oregon · Mar 17, 1999

See Lambert v. … We address the issues as the parties frame them. 3 In Pamplin v.

Rash v. McKinstry Co.

160 Or. App. 131 · Court of Appeals of Oregon · Apr 28, 1999

Claimant seeks review of a Workers’ Compensation Board (Board) order ruling that insurer’s hen rights, pursuant to ORS 656.580 and ORS 656.593, on claimant’s third-party settlement proceeds were not resolved by the parties … The last antecedent is ‘the last word, phrase, or clause that can be made an antecedent without impairing the meaning of the sentence.’ ” State v. Webb, 324 Or 380, 386 , 927 P2d 79 (1996) (quoting Norman J.

Mar Pacifico, Inc. v. Department of Fish & Wildlife

148 Or. App. 310 · Court of Appeals of Oregon · Jun 11, 1997

Mar Pacifico is the owner of the vessel F/V El Camino, which is the subject of this permit proceeding. … to use the F/V El Camino to fish for Dungeness crab in Oregon coastal waters pursuant to ORS 508.921 to ORS 508.941.

Estate of Strametz v. Spectrum Motorwerks, Inc.

135 Or. App. 67 · Court of Appeals of Oregon · Jun 21, 1995

In determining whether a claimant’s occupational disease is work-related, the Board should consider all employment exposure, including out-of-state employment exposure. Silveira v. … Corp. v. Short, 102 Or App 495, 499 , 795 P2d 118 (1990); Holden v.

Mischel v. Portland General Electric Co.

89 Or. App. 140 · Court of Appeals of Oregon · Dec 30, 1987

The Board did not assess a penalty, because it determined that there were no amounts then due, but it awarded claimant attorney fees for employer’s late denial, citing Spivey v. SAIF, 79 Or App 568 , 720 P2d 755 (1986). … See Fink v. Metropolitan Public Defender, 67 Or App 79 , 676 P2d 934 , rev den 296 Or 829 (1984).

Penland v. Redwood Sanitary Sewer Service District

146 Or. App. 225 · Court of Appeals of Oregon · Feb 5, 1997

See Hale v. … Lowrimore v. Dimmitt, [ 310 Or 291, 296 , 797 P2d 1027 (1990)].” In McBride v.

Mosley v. Sacred Heart Hospital

113 Or. App. 234 · Court of Appeals of Oregon · May 27, 1992

SAIF denied the claim and moved to join Liberty Northwest Insurance Corporation (Liberty), Sacred Heart’s subsequent insurer in 1990, based on Runft v. SAIF, 303 Or 493 , 739 P2d 12 (1987). Liberty issued a denial. … Claimant sought Board review but served notice only on Sacred Heart. No timely notice was sent to OML or its insurer. Relying on Zurich Ins. Co. v.

Keene v. Creswell School District No. 40

56 Or. App. 801 · Court of Appeals of Oregon · Apr 12, 1982

As we pointed out in Ross v. Springfield School Dist. No. 19, supra: “* * * ORS 342.895 vests in the district school board the authority to dismiss a permanent teacher on the grounds set forth in ORS 342.865. … As pointed out in the body of the opinion, and in Ross v. Springfield School Dist.

Grudle v. State Accident Insurance Fund

4 Or. App. 326 · Court of Appeals of Oregon · Jan 7, 1971

See Graham v. State Ind. Acc. Com., 164 Or 626 , 102 P2d 927 (1940). … In Graham v. State Ind. Acc. Com., supra, the Oregon Supreme Court cited with approval the following language from Greseck v.

Bohrer v. Weyerhaeuser Co.

93 Or. App. 751 · Court of Appeals of Oregon · Nov 9, 1988

In Teel v. … On de novo review, the Board may make such disposition of the case as it determines to be appropriate. Neely v. SAIF, 43 Or App 319 , 602 P2d 1101 (1979), rev den 288 Or 493 (1980). This is in contrast to Travis v.

Murphy Citizens Advisory Committee v. Josephine County

123 Or. App. 539 · Court of Appeals of Oregon · Oct 6, 1993

In Edney v. … See also Bigej Enterprises v. Tillamook County, 118 Or App 342 , 847 P2d 869 , rev den 317 Or 162 (1993); Simon v. Board of Co. Comm. of Marion Co., 91 Or App 487 , 755 P2d 741 (1988).

Constantine v. Employment Department

200 Or. App. 677 · Court of Appeals of Oregon · Jul 27, 2005

, claimant contends that the board’s conclusion does not follow from its findings of fact, that the board’s decision is inconsistent with Employment Department policy, and that the board’s decision is inconsistent with both … Ponder v. Employment Dept., 171 Or App 435, 448 , 15 P3d 602 (2000).

Hedlund v. State Accident Insurance Fund Corp.

55 Or. App. 313 · Court of Appeals of Oregon · Dec 30, 1981

Taylor v. SAIF, 40 Or App 437 , 595 P2d 515 , rev den 287 Or 477 (1979). … The Board erred in doing so. 3 The Board also decreased the referee’s award of attorney’s fees.