Case law

Chapman v. Employment Division

32 Or. App. 127 · Court of Appeals of Oregon · Jan 16, 1978

The Employment Appeals Board reviews decisions of the referee de novo on the record and can enter its own order. Stevenson v. Morgan, 17 Or App 428 , 522 *131 P2d 1204 (1974). … Our review in this case is limited to a search for substantial evidence and rational reasoning. 2 McCann v. OLCC, 27 Or App 487 , 556 P2d 973 (1976), rev den (1977).

K-Mart Corp. v. Claussing

162 Or. App. 558 · Court of Appeals of Oregon · Sep 15, 1999

See generally Clausing v. K-Mart Corporation, 144 Or App 552 , 926 P2d 337 (1996). … Corp. v. Hegerberg, 118 Or App 282, 286 , 846 P2d 1216 (1993); Nelander v. Dept. of Ins. and Finance, 112 Or App 419, 422 , 829 P2d 1048 (1992); Wood v. Dunn, 109 Or App 204, 211 , 818 P2d 979 (1991).

Jackson v. Tuality Community Hospital

132 Or. App. 182 · Court of Appeals of Oregon · Dec 28, 1994

PGE v. Bureau of Labor and Industries, supra. … See Edmundson v. Dept. of Ins. and Finance, 314 Or 291, 295 , 838 P2d 589 (1992); Ferguson v. U.S. Epperson Underwriting, 127 Or App 478 , 873 P2d 393 (1994). Affirmed.

Stueve v. Everett

11 Or. App. 18 · Court of Appeals of Oregon · Aug 25, 1972

Winslow v. … However, in City of Portland v.

McCain v. Employment Division

17 Or. App. 442 · Court of Appeals of Oregon · May 20, 1974

Claimant appeals from an adverse determination of the Employment Appeals Board. … The Board’s determination will be affirmed if there is reliable, probative and substantial evidence in the record to support that decision. ORS 183.480 (7). Balduyck v. Morgan, 9 Or App 363 , 497 P2d 377 (1972).

Conner v. B & S LOGGING

153 Or. App. 354 · Court of Appeals of Oregon · Apr 1, 1998

The Board subsequently adopted and affirmed the ALJ’s order and supplemented it with its own conclusion that the resolution of the claim was governed by Industrial Indemnity Co. v. … Tektronix, Inc. v.

Stewart v. City of Salem

240 Or. App. 466 · Court of Appeals of Oregon · Jan 26, 2011

The board reversed the city's decision and ordered it to approve petitioner's partition application. We affirmed the board's determination on review, Stewart v. … See Parquit Corp. v.

Tee v. Albertson's, Inc.

107 Or. App. 638 · Court of Appeals of Oregon · Jun 19, 1991

Lankford v. Commodore Corporation, 92 Or App 622, 625 , 759 P2d 329 (1988); Georgia-Pacific Corp. v. Perry, 92 Or App 56 , 757 P2d 437 , rev den 307 Or 77 (1988); Pournelle v. … Claimant relies on Frame v.

DeNucci v. Henningsen

248 Or. App. 59 · Court of Appeals of Oregon · Feb 8, 2012

Mastriano v. Board of Parole, 342 Or 684, 693 , 159 P3d 1151 (2007); Joshi v. Providence Health System, 342 Or 152, 158 , 149 P3d 1164 (2006). … See Brown v. J. C.

State Accident Insurance Fund Corp. v. McCabe

74 Or. App. 195 · Court of Appeals of Oregon · Jul 3, 1985

done by the executive board. … Weller v. Union Carbide, 288 Or 27 , 602 P2d 259 (1979). Additionally, he must establish that the work conditions were the major contributing cause of the worsening of the preexisting condition. Dethlefs v.

Austin v. Premo

280 Or. App. 481 · Court of Appeals of Oregon · Aug 31, 2016

See Krummacher v. … .]”); accord, Strickland v.

Willamin a School District 30J v. Willamina Education Ass'n

60 Or. App. 629 · Court of Appeals of Oregon · Dec 8, 1982

The Board further relied on Brewer v. Allstate Insurance Co., 248 Or 558 , 436 P2d 547 (1968); Wagner v. Columbia Hospital Dist., 259 Or 15 , 485 P2d 421 (1971); and Corvallis Sch. Dist. v. … Assoc. v.

Pogorelc v. Employment Division

23 Or. App. 555 · Court of Appeals of Oregon · Dec 15, 1975

The Board found that claimant failed to accept “available suitable work” when it was offered (ORS 657.176(2)(e)). … The Board reviews the evidence de novo on the record. Stevenson v. Morgan, 17 Or App 428, 431 , 522 P2d 1204 (1974). The analysis of the Board properly applied the standards established by OES 657.190 and 657.195.

State v. Luttrell

93 Or. App. 772 · Court of Appeals of Oregon · Nov 9, 1988

State v. Lyon, supra, simply reemphasized the distrust of polygraph evidence that the Supreme Court had already expressed, at greater length, in State v. Brown, 297 Or 404 , 687 P2d 751 (1984). … Its result is consistent with the court’s previous discussion in State v. Brown, supra, although Brown did not compel it.

Garoutte v. Mail Well Corp.

200 Or. App. 507 · Court of Appeals of Oregon · Jul 6, 2005

Bennett v. Liberty Northwest Ins. Corp., 128 Or App 71 , 875 P2d 1176 (1994). … ORS 174.010; PGE v. Bureau of Labor and Industries, 317 Or 606, 611 , 859 P2d 1143 (1993). See SAIF v. Henwood, 176 Or App 431 , 31 P3d 1096 (2001). Claimant met his burden.

Flores v. SAIF Corporation

237 Or. App. 645 · Court of Appeals of Oregon · Oct 6, 2010

App. 645 Carmen FLORES, Petitioner, v. SAIF CORPORATION, Earl E. Brown & Sons, and Department of Consumer and Business Services, Respondents. 080165H; A141885. Court of Appeals of Oregon. Submitted September 15, 2010. … Carreon v. Commerce & Industry Ins. Co., 233 Or.App. 440 , 226 P.3d 73 (2010).

Stone v. State Accident Insurance Fund Corp.

57 Or. App. 808 · Court of Appeals of Oregon · Jun 16, 1982

Shaw v. Zabel, 267 Or 557 , 517 P2d 1187 (1974); Josephs v. Burns & Bear, 260 Or 493 , 491 P2d 203 (1971). … See Krugen v. Beall Pipe & Tank Corp., 19 Or App 922 , 529 P2d 962 (1974).

State Accident Insurance Fund Corp. v. Shilling

66 Or. App. 600 · Court of Appeals of Oregon · Jan 25, 1984

In the first, we affirmed the Board’s original order finding claimant’s disability to be compensable. Shilling v. SAIF; 46 Or App 117 , 610 P2d 845 (1980). … SAIF, supra, 296 Or at 166 ; SAIF v.

Thomas v. Penfold

23 Or. App. 168 · Court of Appeals of Oregon · Oct 28, 1975

See, McPherson v. Cochran, 243 Or 399 , 414 P2d 321 (1966); Quillin v. Peloquin, 237 Or 343 , 391 P2d 603 (1964). … While still in existence the same board was asked to recheck its count and tally sheet to be certain they were correct. The counting board then corrected the error and duly certified the count.

State Accident Insurance Fund Corp. v. Brannon

62 Or. App. 768 · Court of Appeals of Oregon · Apr 27, 1983

Van DerZanden v. SAIF, 60 Or App 316 , 653 P2d 558 (1982). In an insurer-initiated appeal, claimant is not entitled to attorney fees if compensation is reduced by the Board. … Here, SAIF prevailed at the Board level on the issue of computation of permanent total disability benefits. Therefore, no attorney fees were authorized. ORS 656.382(2); Korter v.