Case law

Cornus Corp. v. Geac Enterprise Solutions, Inc.

252 Or. App. 595 · Court of Appeals of Oregon · Oct 3, 2012

Oregon Southwest, LLC v. … In DeNardo v.

Hill v. State Accident Insurance Fund

25 Or. App. 697 · Court of Appeals of Oregon · Jun 14, 1976

Closing and Evaluation Division of the Board, referee and Workmen’s Compensation Board had successively awarded 144 degrees for 45 percent unscheduled disability. … Deaton v. SAIF, 13 Or App 298 , 509 P2d 1215 (1973).

Levasseur v. Armon

240 Or. App. 250 · Court of Appeals of Oregon · Dec 29, 2010

State ex rel. v. Mart, 135 Or 603, 613 , 295 P 459 (1931); see also Hickman v. Six Dimen. Cust. … See, e.g., Glover v.

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.

Interstate Metal v. Gibler

228 Or. App. 180 · Court of Appeals of Oregon · Apr 29, 2009

“[I]if there are doctors on both sides of a medical issue, whichever way the Board finds the facts will probably have substantial evidentiary support.” Armstrong v. … See Georgia-Pacific Corp. v.

BASIN TIRE SERVICE, INC. v. Minyard

240 Or. App. 715 · Court of Appeals of Oregon · Feb 16, 2011

Corp., Inc. v. Watkins, 347 Or. 687, 690-91 , 227 P.3d 1134 (2010). … See, e.g., Robinson v.

Saif Corp. v. Britton

145 Or. App. 288 · Court of Appeals of Oregon · Dec 24, 1996

See also SAIF v. Drews, 318 Or 1, 9 , 860 P2d 254 (1993). … In SAIF v.

Foster-Wheeler Constructors, Inc. v. Smith

151 Or. App. 155 · Court of Appeals of Oregon · Nov 5, 1997

and responsibility denial and of the Board’s refusal to admit certain evidence. … See Dean Warren Plumbing v. Brenner, 150 Or App 422 , 946 P2d 356 (1997).

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.

Gill v. Employment Division

48 Or. App. 973 · Court of Appeals of Oregon · Oct 27, 1980

Under the Board’s own rule, this was improper. … Wyers v. Dressler 42 Or App 799, 601 P2d 1268 (1979). Reversed and remanded.

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.

State v. Carr

125 Or. App. 270 · Court of Appeals of Oregon · Dec 8, 1993

See State v. Shefler, 118 Or App 536 , 847 P2d 417 (1993). We have discretion to review unpreserved errors of law that are apparent on the face of the record. ORAP 5.45(2); Ailes v. … Portland Meadows, Inc., 312 Or 376 , 823 P2d 956 (1991); State v. Brown, 310 Or 347 , 800 P2d 259 (1990). We decline to exercise our discretion to review the error in this case. Affirmed.

Children's Services Division v. Ashman

50 Or. App. 161 · Court of Appeals of Oregon · Jan 16, 1981

In our prior decision, Ashman v. … Robbins, [v.

Crumley v. Combustion Engineering

92 Or. App. 439 · Court of Appeals of Oregon · Aug 10, 1988

See Cutright v. Weyerhaeuser, 299 Or 290 , 720 P2d 403 (1985); Karr v. SAIF, 79 Or App 250 , 719 P2d 35 , rev den 301 Or 765 (1986). … In Cutright v.

Talevich v. Employment Division

28 Or. App. 735 · Court of Appeals of Oregon · Mar 7, 1977

; the Board’s order based upon that conclusion must, therefore, be affirmed. … Cascade Steel v. Employment Div., 26 Or App 863 , 554 P2d 549 , Sup Ct review denied (1976); Wilton v. Employment Div., 26 Or App 549 , 553 P2d 1071 (1976); Grigsby v.

Burris v. SAIF Corp.

116 Or. App. 498 · Court of Appeals of Oregon · Nov 18, 1992

SAIF v. Hukari, 113 Or App 475, 480 , 833 P2d 1307 (1992). Claimant also argues that the Board erred when it held that he is making a mental stress claim. … The Board correctly ruled that a stress-caused physical condition is compensable, if at all, under ORS 656.802(l)(b). SAIF v. Hukari, supra, 113 Or App at 480 .

Chapman v. Employment Division

62 Or. App. 676 · Court of Appeals of Oregon · Apr 27, 1983

It was, therefore, improper for the Board to decide against claimant on this basis.” 38 Or App at 413 . Accord, Swezey v. Employment Division, 47 Or App 923, 615 P2d 1103 (1980). … It is a matter to be determined from the facts in a given case under de novo review by this Board.”

Vergara v. Patel

305 Or. App. 288 · Court of Appeals of Oregon · Jul 8, 2020

Soon after Nees, the court considered whether a claim for wrongful dis- charge was available to the plaintiffs in two cases: Walsh v. Consolidated Freightways, 278 Or 347, 563 P2d 1205 (1977), and Brown v. … Compare Delaney v.

Hewlett-Packard Co. v. Toy

174 Or. App. 275 · Court of Appeals of Oregon · May 9, 2001

The Workers’ Compensation Board (the Board) set aside employer’s denial of claimant’s occupational disease claim. … In any event, that objection was not raised below, and “[a]n argument that is not raised to the Board is deemed waived.” Roy v. McCormack Pacific Co., 171 Or App 526, 532 , 17 P3d 550 (2000); accord Oregon Lox Co. v.