Case law

Theodore v. Safeway Stores, Inc.

125 Or. App. 172 · Court of Appeals of Oregon · Dec 8, 1993

In Jefferson v. … In Meyers v.

State v. Lomack

307 Or. App. 596 · Court of Appeals of Oregon · Nov 18, 2020

Under ORS 144.102(4)(a), the board may impose PPS terms that it considers necessary to promote public safety or to assist in defendant’s reformation, given his individual circum- stances. Penn v. … Board of Parole, 365 Or 607, 635, 451 P3d 589 (2019).

State v. Wilcher

96 Or. App. 603 · Court of Appeals of Oregon · May 17, 1989

State v. Calderilla, 34 Or App 1007, 1010 , 580 P2d 578 (1978). (Emphasis supplied.) This order does not tell defendant when the restitution must be paid. In State v. … See State v. Hazlitt, 77 Or App 344, 349 , 713 P2d 617 (1986).

Van Der Vaarte v. SAIF Corp.

228 Or. App. 337 · Court of Appeals of Oregon · May 13, 2009

We state the material facts consistently with the board’s findings. Sisco v. Quicker Recovery, 218 Or App 376, 378 , 180 P3d 46 (2008). When he was injured, claimant worked in employer’s warehouse. … Fred Meyer, Inc. v. Hayes, 325 Or 592, 597-98 , 943 P2d 197 (1997).

Colvin v. Industrial Indemnity

75 Or. App. 87 · Court of Appeals of Oregon · Aug 21, 1985

Claimant first assigns as error the Board’s holding that her claim was untimely. We agree with the Board. … After the briefs for this appeal were filed, the Supreme Court held in Bono v.

SAIF Corp. v. Campbell

113 Or. App. 93 · Court of Appeals of Oregon · May 13, 1992

The Board has chosen to refine the legal standard announced in ORS 656.802(2)(b) on a case-by-case basis. See Housing Authority of Portland v. Zimmerly, 108 Or App 596 , 816 P2d 1179 (1991). … We also note that employer has not argued that the Board’s interpretation of the statute is inconsistent with the legislature’s intent, see Springfield Education Assn. v.

Marble v. DEPARTMENT OF FISH AND WILDLIFE

236 Or. App. 54 · Court of Appeals of Oregon · Jun 23, 2010

permit for the Fishing Vessel (F/V) Adventurous. … See Joint Council of Teamsters #37 v.

Liberty Northwest Insurance v. Senters

119 Or. App. 314 · Court of Appeals of Oregon · Apr 21, 1993

The Board held that the low back condition is compensable. … See SAIF v. Drews, 117 Or App 596, 845 P2d 217 (1993).

Zimbrick v. Morgan

4 Or. App. 138 · Court of Appeals of Oregon · Dec 10, 1970

The reasons for the circuit court’s reversal of the Appeals Board are: “* * # [T]he Findings of Fact of the referee, adopted by the appeals board, are supported by the evidence and are adopted by this court. … State Acting by and Through Oregon State Board of Higher Education v. Cummings, 205 Or 500 , 288 P2d 1036 ; Griffith v. Gardner, (9th cir.) 196 F2d 698.

Liberty Northwest Ins. Corp. v. Jensen

150 Or. App. 548 · Court of Appeals of Oregon · Oct 15, 1997

The Board affirmed. … PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993).

Garrelts v. Employment Division

21 Or. App. 437 · Court of Appeals of Oregon · May 19, 1975

Claimant seeks judicial review of an order of the Employment Appeals Board (Board) affirming the actions of the referee and the administrator, both of whom denied claimant’s unemployment benefits. ① A majority of the Board … Brotherton v. Morgan, 17 Or App 435 , 522 P2d 1210 (1974); Stevenson v. Morgan, supra.

State v. Warner

52 Or. App. 987 · Court of Appeals of Oregon · Jun 29, 1981

See former ORS 166.230 (1977). 6 In State v. … Vaughn v. Pacific Northwest Bell Telephone, 289 Or 73, 83 , 611 P2d 281 (1980); Thompson v. IDS Life Ins. Co., supra, 274 Or at 653-655 . As stated by the court in Davis v.

Brotherton v. Morgan

17 Or. App. 435 · Court of Appeals of Oregon · May 20, 1974

Stevenson v. Morgan, supra. However, the claimant has the burden of going forward with the evidence until he makes a prima facie case. Cameron et al v. … Uniweld Products, Inc. v. Industrial Rel. Com’n, etc., 277 So 2d 827 (Fla App 1973); Berkowitz v. Levine, 41 App Div2d 791, 341 NYS2d 239 (1973); James v. Unempl. Comp.

Taylor v. Mill

142 Or. App. 121 · Court of Appeals of Oregon · Jul 3, 1996

Claimant requested Board review. The Board adopted the opinion of the ALJ and upheld the denial. … We review the Board’s construction of a DCS as we would its construction of any written agreement, applying standard rules of contract construction. Trevitts v.

Ferguson v. U.S. Epperson Underwriting

127 Or. App. 478 · Court of Appeals of Oregon · Apr 20, 1994

She argues that the Board rated her disability under invalid temporary rules concerning disability rating standards, and that the Board erred in finding that it lacked authority to determine the validity of those rules. … On review, claimant’s sole assignment of error is that the Board does have authority to rule on the validity of the temporary rules. In Edmunson v.

Gates v. Liberty Northwest Insurance

131 Or. App. 164 · Court of Appeals of Oregon · Nov 2, 1994

PGE v. Bureau of Labor and Industries, supra. In Safeway Stores, Inc. v. … Initially, we affirmed the Board’s decision based on our holding in Jones v.

Reeves v. Sierra Homes

29 Or. App. 441 · Court of Appeals of Oregon · May 16, 1977

The employer appeals a circuit court order affirming the orders of both the Workmen’s Compensation Board and referee. The compensation issues raised are factual. … Lekas v. Lekas, 23 Or App 601 , 543 P2d 308 (1975), Sup Ct review denied (1976). This rule is applicable to this case. The award of attorney fees is reviewable for abuse of discretion. E.g., Pettit v.

Angel MedFlight Worldwide Air Ambulance Serv. v. SAIF Corp. (In re Keely)

293 Or. App. 710 · Court of Appeals of Oregon · Sep 6, 2018

See, e.g. , Brown v. … Cogswell v. SAIF , 74 Or.

Buckner v. Kennedy's Riding Academy

18 Or. App. 516 · Court of Appeals of Oregon · Sep 9, 1974

Cf., City of *520 Idanha v. Consumers Power, 13 Or App 431, 434 , 509 P2d 1226 , Sup Ct review denied (1973); Holmes v. Morgan, 10 Or App 242, 248 , 498 P2d 830 , Sup Ct review denied (1972). … ORS 656.002 (14) and (22); Bauer v. Richardson, supra; see, Oremus v. Ore. Pub. Co./Leibrand, 11 Or App 444 , 503 P2d 722 (1972), Sup Ct review denied (1973).

Stone v. Whittier Wood Products

124 Or. App. 117 · Court of Appeals of Oregon · Oct 20, 1993

We also rejected claimant’s earning power argument, holding that the Board properly considered her “actual wages at the time of the termination,” 116 Or App at 431 , and that, *120 under Safeway Stores v. … To paraphrase Howerton v.