Case law

Liberty Northwest Ins. Corp. v. Short

102 Or. App. 495 · Court of Appeals of Oregon · Jul 18, 1990

Security State Bank v. Luebke, 303 Or 418 , 737 P2d 586 (1987). To answer that inquiry, we look to the language used, the statutory objective and any other evidence of the intended meaning. ORS 174.010. State v. … SAIF v. Bond, 64 Or App 505, 506 , 669 P2d 332 (1983).

Asplundh Tree Expert Co. v. Hart

132 Or. App. 494 · Court of Appeals of Oregon · Jan 25, 1995

In Fernandez v. M & M Reforestation, 124 Or App 38, 42-43 , 860 P2d 898 (1993), we held that the Board was correct in allocating the burden of proof in that way. See also Jocelyn v. … The Board was entitled to give more weight to Sacamano’s opinion. Somers v. SAIF, 77 Or App 259, 263 , 712 P2d 179 (1986). Affirmed.

Camlu Retirement Center v. Evenhus

102 Or. App. 603 · Court of Appeals of Oregon · Aug 1, 1990

a backup denial under Bauman v. … Both the referee and the Board relied on Bauman v. SAIF, supra, which prohibits a denial on the merits of a claim once it has been accepted.

Leedy v. Knox

34 Or. App. 911 · Court of Appeals of Oregon · Jun 20, 1978

Therefore, this case is remanded to the Workers’ Compensation Board to determine the extent of claimant’s disability at the time of the original determination order and to award compensation accordingly. Russell v. … The Board has not elected to do so.

SAIF Corp. v. Kurcin

160 Or. App. 489 · Court of Appeals of Oregon · May 19, 1999

Employer seeks review of an order of the Workers’ Compensation Board (Board) reversing employer’s denial of the compensability of claimant’s claim. … Georgia-Pacific Corp. v. Right, 126 Or App 244, 246 , 868 P2d 36 (1994). OAR 438-006-0091 provides that “Continuances are disfavored.”

Lundy v. Employment Division

34 Or. App. 265 · Court of Appeals of Oregon · May 8, 1978

ORS 657.176(2)(a). 1 We paraphrase.the Board’s findings of fact. … Dietz v. Smith, 28 Or App 871 , 561 P2d 1032 (1977). Compare Hall v. Employment Division, 31 Or App 79 , 569 P2d 699 (1977), and Romanosky v.

Villafuerte v. Unger Farms

136 Or. App. 487 · Court of Appeals of Oregon · Sep 6, 1995

The referee set aside that denial and the Board reversed. Relying on Adamson v. … He contends that the Board’s reliance on Adamson is misplaced and that this case is factually similar to *490 Kiewit Pacific v. Ennis, 119 Or App 123 , 849 P2d 541 (1993).

Hoke v. Libby, Mcneil & Libby

81 Or. App. 347 · Court of Appeals of Oregon · Sep 10, 1986

Employer sought review by the Board. On December 18, 1983, the Board issued an order that reversed the referee in Hoke I and reinstated employer’s denials. We affirmed. Hoke v. … Employer appealed to the Board, which reversed the referee. Claimant then sought this review.

Putnam v. Milne

13 Or. App. 540 · Court of Appeals of Oregon · Jun 25, 1973

In Thornton v. … In Miles et al. v.

State v. Sanchez-Alfonso

238 Or. App. 160 · Court of Appeals of Oregon · Oct 27, 2010

Brown, 297 Or 404 , 687 P2d 751 (1984). … See State v.

Labor Ready, Inc. v. Mann

158 Or. App. 666 · Court of Appeals of Oregon · Mar 3, 1999

In Johansen v. … Jones v. Emanuel Hospital, 280 Or 147 , 570 P2d 70 (1977).

Spivey v. SAIF Corp.

79 Or. App. 568 · Court of Appeals of Oregon · Jun 4, 1986

We therefore affirm the portion of the Board’s order upholding SAIF’s denials. … An insurer may not recoup overpayments without prior authorization from the Board, the referee or the Workers’ Compensation Department. Forney v.

Garoutte v. Mail-Well Corp.

200 Or. App. 508 · Court of Appeals of Oregon · Jul 6, 2005

Bennett v. Liberty Northwest Ins. Corp., 128 Or.App. 71 , 875 P.2d 1176 (1994). … ORS 174.010; PGE v. Bureau of Labor and Industries, 317 Or. 606, 611 , 859 P.2d 1143 (1993). See SAIF v. Henwood, 176 Or.App. 431 , 31 P.3d 1096 (2001). Claimant met his burden.

O'Neil-Barrett v. Highberger

349 Or. App. 680 · Court of Appeals of Oregon · May 20, 2026

Bean v. Cain, 314 Or App 529, 530, 497 P3d 1273 (2021). … See Eklof v.

Fred Meyer, Inc. v. Evans

171 Or. App. 569 · Court of Appeals of Oregon · Dec 27, 2000

Lockhurst v. Bank of America, 167 Or App 11, 16-17 , 1 P3d 1031 (2000). … Fred Meyer, Inc. v. Crompton, 150 Or App 531, 536 , 946 P2d 1171 (1997).

Longview Inspection v. Snyder

182 Or. App. 530 · Court of Appeals of Oregon · Jul 10, 2002

Employer appealed to the board, and the board affirmed. … In light of our decision in Sound Elevator v.

Fazzolari v. United Beer Distributors

91 Or. App. 592 · Court of Appeals of Oregon · Jun 22, 1988

As we stated in Vip’s Restaurant v. Krause, 89 Or App 214 , 748 P2d 164 (1988), ORS 656.268 deals only with the processing of claims. … ORS 656.210; Cutright v. Weyerhaeuser Co., 299 Or 290, 295 , 702 P2d 403 (1985).

Scarino v. Saif Corp.

91 Or. App. 350 · Court of Appeals of Oregon · Jun 1, 1988

The Board concluded that it should. We reverse. … SAIF relies on SAIF v.

Safeway Stores v. Owsley

91 Or. App. 475 · Court of Appeals of Oregon · Jun 15, 1988

Employer contends that the Board should not have reached that issue, because claimant waived it. We conclude that the Board was free to make any disposition of the case that it deemed appropriate. Destael v. … In our view, that issue has been resolved against claimant in Fink v.

State Accident Insurance Fund Corp. v. Griffith

66 Or. App. 709 · Court of Appeals of Oregon · Jan 25, 1984

Nevertheless, a majority of the Board affirmed the referee’s finding that the claim was compensable. 1 In so finding, the majority relied on our decision in McGarrah v. … McGarrah v. SAIF, supra, 296 Or at 163 . On de novo review, we agree with the Board’s conclusion that the alleged harassment of claimant was merely perceived.