Case law

Fairlawn Care Center v. Douglas

108 Or. App. 698 · Court of Appeals of Oregon · Sep 11, 1991

Employer seeks review of a Workers’ Compensation Board (Board) order reversing the referee and requiring that it pay temporary total disability benefits to claimant. We affirm. … Eastman v. Georgia Pacific Corp., 79 Or App 610, 613 , 719 P2d 1310 (1986). We conclude that the Board correctly held that the job offer letter did not adequately specify the starting date of the offered employment.

State v. Von Flue

287 Or. App. 798 · Court of Appeals of Oregon · Sep 20, 2017

State v. Andersen, 361 Or 187, 189 , 390 P3d 992 (2017); see State v. Brown, 301 Or 268, 274 , 721 P2d 1357 (1986) (recognizing automobile exception to warrant requirement of Article I, section 9). … Andersen, 361 Or at 189 *803 (quoting State v. Kock, 302 Or 29, 33 , 725 P2d 1285 (1986)); see State v.

R. A. Gray & Co. v. McKenzie

56 Or. App. 394 · Court of Appeals of Oregon · Mar 8, 1982

The Board awarded claimant permanent total disability commencing June 3, 1981, the date of the order. … Morris v. Denny’s, 53 Or App 863 , 633 P2d 827 (1981). Order modified to provide that claimant’s award of permanent and total disability be made retroactive to July 2, 1980. Affirmed as modified.

Lankford v. Commodore Corp.

92 Or. App. 622 · Court of Appeals of Oregon · Aug 24, 1988

Employer sought Board review. The Board held that claimant was not entitled to PTD benefits, because she unreasonably had refused to seek employment as a respite care provider. … See Pournelle v. SAIF, 70 Or App 56, 60 , 687 P2d 1134 (1984). That being so, claimant’s failure to seek a respite care position does not disqualify her from PTD status. See Crumley v.

Westfall v. Rust International

111 Or. App. 289 · Court of Appeals of Oregon · Feb 12, 1992

Westfall v. Rust International, supra, 107 Or App at 398 . … Board’s de novo review authority.

City of Portland v. Payne

108 Or. App. 771 · Court of Appeals of Oregon · Sep 11, 1991

Housing Authority of Portland v. Zimmerly, 108 Or App 596 , 816 P2d 1179 (1991). … We reverse and remand the case for reconsideration in the light of Aetna Casualty Co. v. Aschbacher, 107 Or App 494 , 812 P2d 844 (1991). Reversed and remanded for reconsideration.

State Ex Rel. City of Powers v. Coos County Airport District

201 Or. App. 222 · Court of Appeals of Oregon · Aug 17, 2005

See Emerald PUD v. … See City of Eugene 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.

Yes on 24-367 Committee v. Deaton

276 Or. App. 347 · Court of Appeals of Oregon · Feb 3, 2016

Brown introduced SJR 52, which would have established a new statewide property tax.’ «<*** [¿y|t a time when the people were clearly saying they wanted LOWER PROPERTY TAXES, [Brown] introduced legislation to add a new, state-wide … See OEA v.

Kachel v. Weyerhaeuser Co.

210 Or. App. 46 · Court of Appeals of Oregon · Dec 20, 2006

First, claimant asserts the board erred in concluding that the challenge was time-barred, because insurer’s denial was not a valid denial; thus, under Knapp v. … “Contrary to employer’s contention, Barnum v. SAIF, [ 295 Or 788 , 670 P2d 1027 (1983),] is inapplicable.

Cavins v. State Accident Insurance Fund

20 Or. App. 361 · Court of Appeals of Oregon · Feb 10, 1975

Wait v. Montgomery Ward, Inc., 10 Or App 333 , 499 P2d 1340 , Sup Ct review denied (1972). … See Standley v. SAIF, 8 Or App 429 , 495 P2d 283 (1972). Neither situation is presented by the instant case.

Fitzsimonds v. MJ HUGHES CONSTRUCTION, INC.

233 Or. App. 447 · Court of Appeals of Oregon · Jan 27, 2010

Cayton v. Safelite Glass Corp., 232 Or App 454, 462 , 222 P3d 1134 (2009). However, our review of the record before the board does not reveal that claimant made that argument to the board. … The board then reasoned: “In Red Robin International v.

Springfield Education Ass'n v. Springfield School District No. 19

42 Or. App. 93 · Court of Appeals of Oregon · Sep 17, 1979

Assn. v. Sch. Dist., supra; Sutherlin Ed. Assn. v. Sch. Dist., 25 Or App 85 , 548 P2d 204 (1976). *96 Subsequently the Oregon Supreme Court held in McPherson v. … See also Oliver v. Employment Division, 40 Or App 487 , 595 P2d 1252 (1979); AFSCME v. Board of Higher Education, 31 Or App 251 , 570 P2d 388 (1977). This case, however, presents an exceptional circumstance.

Johansen v. SAIF Corp.

160 Or. App. 579 · Court of Appeals of Oregon · May 19, 1999

SAIF Corporation has filed a petition for reconsideration of our opinion in Johansen v. … But the Board also said, ‘We are not holding that claimant may not obtain reclassification or that his claim was not disabling.”

State v. Gonzales

241 Or. App. 353 · Court of Appeals of Oregon · Mar 9, 2011

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). … See, e.g., State v.

State v. Morrow

192 Or. App. 441 · Court of Appeals of Oregon · Mar 10, 2004

State v. … (quoting State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990)).

Kuske v. Employment Division

64 Or. App. 695 · Court of Appeals of Oregon · Sep 28, 1983

The Board adopted and affirmed the referee’s decision without opinion. In this context, we review for errors of law; we do not weigh the evidence. See Sothras v. Employment Division, 48 Or App 69 , 616 P2d 524 (1980). … The Board’s conclusion to the contrary was error. See Sothras v. Employment Division, supra. Reversed and remanded.

American Medical Response v. Gavlik

189 Or. App. 294 · Court of Appeals of Oregon · Aug 20, 2003

See id. at 187-90 (independently reviewing and reversing the board’s determination that an employee’s injury had not arisen out of and in the course of employment); Halsey Shedd RFPD v. … See Iliaifar v.

State v. Walle

52 Or. App. 963 · Court of Appeals of Oregon · Jun 29, 1981

Katz v. United States, supra, 389 US at 361 ; see also, State v. Harp, 48 Or App 185, 189 , 616 P2d 564 (1980), rev den 290 Or 171 (1980); State v. Stanton, 7 Or App 286, 295, 490 P2d 1274 (1971). In State v. … In Brown we failed to acknowledge the principles set forth in Katz v. United States, supra, 389 US 347 . Brown , as decided, is no longer good law. Even in State v.

Lucas v. Clark

106 Or. App. 687 · Court of Appeals of Oregon · Apr 17, 1991

Perry v. SAIF, 307 Or 654, 657 , 772 P2d 418 (1989). … International Paper Co. v. Turner, 91 Or App 91 , 754 P2d 589 , rev den 307 Or 101 (1988); Gwynn v. SAIF, 91 Or App 84 , 754 P2d 586 (1988); Mathis v.