Case law

Shaw v. Peters

312 Or. App. 451 · Court of Appeals of Oregon · Jun 16, 2021

See Sanders v. … Brown, 300 Or App 84, 90, 452 P3d 1032 (2019) (“Because the post-conviction court’s ruling was based on an error of law, we reverse and remand for the post-conviction court to determine whether petitioner was misinformed

Strazi v. SAIF Corp.

109 Or. App. 105 · Court of Appeals of Oregon · Oct 2, 1991

Corp. v. McKellips, 100 Or App 549, 550 , 786 P2d 1321 (1990); Agripac, Inc. v. Kitchel, 73 Or App 132, 135 , 698 P2d 69 (1985). … We agree with the Board’s conclusion that a request for an offset is not a threat to the award of compensation. Affirmed.

WASCO CTY. v. Am. Fed. of S., Cty. & Mun. Emp.

569 P.2d 15 · Court of Appeals of Oregon · Nov 21, 1977

569 P.2d 15 (1977) 30 Or.App. 863 WASCO COUNTY, Petitioner, v. … App. 567 P.2d 1037 (1977); Bienz v. City of Dayton, 29 Or. App. 761 , 566 P.2d 904 (1977); Smith v. Peet, 29 Or. App. 625 , 564 P.2d 1083 , 30 Or. App. 245 , 567 P.2d 125 (1977); McCrae v. Wilson, 29 Or.

Orr v. East Valley Water District

203 Or. App. 430 · Court of Appeals of Oregon · Dec 21, 2005

League of Oregon Cities v. … Hinkley v. Eugene Water & Electric Board, 189 Or App 181 , 74 P3d 1146 (2003), a declaratory judgment case, is another example of that pattern.

SAIF Corp. v. Cruz

120 Or. App. 65 · Court of Appeals of Oregon · May 12, 1993

The referee and the Board found that “tenderness with palpation” is an objective finding. We agree, Georgia-Pacific Corp. v. Ferrer, 114 Or App 471 , 835 P2d 949 (1992), and affirm the Board on the petition. … There is no indication that the Board made that evaluation. It should do so on remand.

SAIF Corp. v. Johnson

198 Or. App. 504 · Court of Appeals of Oregon · Mar 23, 2005

Gilkison now seeks judicial review, making the same arguments that it made to the board. 2 Having reviewed the board’s legal conclusions for *509 errors of law, Weyerhaeuser Co. v. … As we explained in [SAIF v.]

Craven v. Shuttle

117 Or. App. 37 · Court of Appeals of Oregon · Dec 9, 1992

Whitaker v. Bank of Newport, supra; see also Westfall v. Rust International, 314 Or 553 , 840 P2d 700 (1992). … Commencing this action did not oust the Board of jurisdiction.

Hensel Phelps Construction v. Mirich

81 Or. App. 290 · Court of Appeals of Oregon · Sep 10, 1986

The Board affirmed. As a preliminary matter, we reject Kalt’s contention that the Board’s decision was correct because there was no new “incident” at Kalt. In Boise Cascade v. … Accord, Home Ins. v. EBI Companies, 76 Or App 112, 118 , 708 P2d 1157 (1985). However, the Board’s decision was correct for another reason.

Barnett v. Redmond School District 2J

209 Or. App. 724 · Court of Appeals of Oregon · Dec 13, 2006

Nixon v. Cascade Health Services, Inc., 205 Or App 232, 234 , 134 P3d 1027 (2006). … West v. Allied Signal, Inc., 200 Or App 182, 187 , 113 P3d 983 (2005). See also Bachmeier v. Tuttle, 195 Or App 83, 85 , 96 P3d 871 (2004). The procedural history of this dispute is largely undisputed.

Cascade Forest Products, Inc. v. Accident Prevention Division

60 Or. App. 255 · Court of Appeals of Oregon · Nov 10, 1982

Petitioner seeks judicial review of an order by a Workers’ Compensation Board (Board) referee affirming two safety citations issued by the Accident Prevention Division (APD). … Wasson v.

Worthen v. Lumbermen's Underwriting Alliance, Inc.

137 Or. App. 368 · Court of Appeals of Oregon · Oct 25, 1995

Both parties petitioned the Workers’ Compensation Board (Board) for resolution of their dispute. … If the parties dispute what constitutes a “just and proper” share of a settlement, the Board resolves such conflicts. ORS 656.593(3). In Liberty Northwest v.

Saif v. Terleski

240 Or. App. 378 · Court of Appeals of Oregon · Jan 12, 2011

Marvin Wood Products v. Callow, 171 Or.App. 175, 183-84 , 14 P.3d 686 (2000). … See Shubert v.

Fisher v. Consolidated Freightways, Inc.

12 Or. App. 417 · Court of Appeals of Oregon · Mar 12, 1973

On the issue of causation, we agree with the hearing officer and the Board that claimant did not carry his burden. The general rule is that causal connection must be shown by expert medical testimony. Cf. Lemons v. … Wilson v. State Ind. Acc. Comm., 189 Or 114 , 219 P2d 138 (1950); Lindeman v. State Indus. Acc. Comm., 183 Or 245 , 192 P2d 732 (1948).

Miller v. Grants Pass Irrigation District

64 Or. App. 40 · Court of Appeals of Oregon · Jul 27, 1983

The only question is whether the Board’s failure to exercise that authority is nonfeasance for which there is immunity as a matter of law. See Stevenson v. State of Oregon, 290 Or 3 , 619 P2d 247 (1980). … See Stevenson v. State of Oregon, supra, 290 Or at 14 . It is more akin to a decision whether or how to provide for safety on an existing roadway.

Saxton v. Lamb-Weston

49 Or. App. 887 · Court of Appeals of Oregon · Dec 22, 1980

The Supreme Court in Frasure v. … Weller v. Union Carbide, supra.

Nelson v. State Accident Insurance Fund

43 Or. App. 155 · Court of Appeals of Oregon · Nov 5, 1979

Gerber v. State Ind. Acc. Com., 164 Or 353 , 101 P2d 416 (1940). … Lough v. State Industrial Acc. Com., 104 Or 313 , 207 P 354 (1922). Neither the Board nor the courts may waive these requirements. Johnson v. Compensation Department, 246 Or 449 , 425 P2d 496 (1967); Rosell v.

Robertson v. Davcol, Inc.

99 Or. App. 542 · Court of Appeals of Oregon · Dec 6, 1989

Plaintiff brought suit against Defendants in the Circuit Court for Multnomah County, Oregon, entitled Robertson v. McKay, et al., Civil No. A8609-05668. “2. … SAIF then petitioned the Board to determine its “just and proper” distribution.

Follmer v. County of Lane

5 Or. App. 185 · Court of Appeals of Oregon · Feb 11, 1971

In coming to our conclusion we have looked to see if the record made by the Board discloses an evidentiary basis for the action taken. See note: Roseta v. County of Washington, 6 Will L J 605 (December 1970). … In marked contrast to the lack of evidence and lack of a record noted in Roseta v.

SAIF Corp. v. Baer

61 Or. App. 335 · Court of Appeals of Oregon · Jan 19, 1983

second assignment 1 that the validity of the determination order should be given a presumption of validity under the holding of Dimitroff v. … In affirming the referee here, the Board cited its decision in the case of Michael Harth, 34 Van Natta 703 (1982), in which the Board noted that the Evaluation Division, the referees and the Board all have expertise in rating

State v. Herrin

123 Or. App. 117 · Court of Appeals of Oregon · Sep 8, 1993

State v. Brown, 301 Or 268 , 721 P2d 1357 *121 (1986). … Brown held that police may search a car without a warrant, if it is mobile when stopped and there is probable cause to believe that it contains seizable items. 301 Or at 276 .