Case law

Sound Elevator v. Zwingraf

181 Or. App. 150 · Court of Appeals of Oregon · May 1, 2002

Employer seeks review of an order of the Workers’ Compensation Board (board) setting aside a denial of claimant’s claim for a knee injury. We affirm. Claimant injured his right knee at work. … Citing Tattoo v.

Georgia-Pacific Corp. v. Hughes

85 Or. App. 362 · Court of Appeals of Oregon · May 6, 1987

Pending review by the Board, employer refused to pay interim compensation. … The Board reduced the penalty to reflect the reduced amount of interim compensation that was due on application of the Supreme Court’s decision in Bono v.

Teitelman v. SAIF

Court of Appeals of Oregon · Apr 17, 2024

Whether the board correctly inter- preted a statute is a question that we review for legal error under ORS 183.482(8)(a). Travelers Ins. Co. v. Arevalo, 296 Or App 514, 520, 437 P3d 1153 (2019). … See, e.g., Kohring v.

Bell v. Hartman

44 Or. App. 21 · Court of Appeals of Oregon · Jan 14, 1980

The facts pertinent to the "control” test in this case are materially indistinguishable from the facts in Clark v. Industrial Com., 54 Ill 2d 311, 297 NE2d 154 (1973). … See Woody v. Waibel, 276 Or at 197-198 . We conclude that plaintiff was not the employee of the owners.

Hanna v. McGrew Bros. Sawmill, Inc.

44 Or. App. 189 · Court of Appeals of Oregon · Apr 14, 1980

We have decided two cases involving a similar issue, Calder v. Hughes & Ladd, 23 Or App 66 , 541 P2d 152 (1975), and Saltmarsh v. SAIF, 35 Or App 763 , 583 P2d 4 , rev den 280 Or 80a (1978). … The Board ultimately determined that Hughes & Ladd was responsible for coverage and it appealed.

SAIF Corp. v. Marin

128 Or. App. 161 · Court of Appeals of Oregon · May 25, 1994

Since the time of the Board’s decision in this case, the Supreme Court decided Norpac Foods, Inc. v. Gilmore, 318 Or 363 , 867 P2d 1373 (1994). … In this case, the Board considered only the “in the course of’ element of the work-connection test.

SAIF Corp. v. Grover

152 Or. App. 476 · Court of Appeals of Oregon · Feb 11, 1998

Accordingly, we reverse the Board’s order. … SAIF then sought review of the Board’s own-motion order. In Gwynn v.

State v. Nichol

55 Or. App. 162 · Court of Appeals of Oregon · Dec 14, 1981

Chambers v. Maroney, 399 US 42, 52 , 90 S Ct 1975 , 26 L Ed 2d 419 (1970); State v. Greene, 285 Or 337, 340 , 591 P2d 1362 (1979); State v. DeChamplain, 46 Or App 229, 233 , 611 P2d 334 (1980); State v. DeLong, supra. … United States v. Chadwick, supra; Arkansas v. Sanders, supra; Robbins v. California, supra.

Marian Estates v. Employment Department

158 Or. App. 630 · Court of Appeals of Oregon · Feb 24, 1999

The Board, relying principally on our decisions in Cavitt v. Employment Div., 105 Or App 81 , 803 P2d 778 (1990), and J. Clancy Bedspreads & Draperies v. Wheeler, 152 Or App 646 , 954 P2d 1265 (1998), reversed. … See, e.g., Ellingsworth v. Jackson, 170 Or 34, 45 , 131 P2d 781 (1942). See also 7A CJS Attorney & Client § 182 (1980) (“Notice to Attorney as Notice to Client”).

Choban v. Washington County

124 Or. App. 213 · Court of Appeals of Oregon · Nov 3, 1993

In Stroh v. … Co. v.

Eber v. Royal Globe Insurance

54 Or. App. 940 · Court of Appeals of Oregon · Dec 1, 1981

Claimant appeals from a determination by the Workers’ Compensation Board (Board), contending that the Board erred in (1) affirming the referee’s denial of compensability for a condition of the left knee, and (2) reversing … See Wood v. SAIF, 30 Or App 1103, 1108 , 569 P2d 648 (1977), rev den 282 Or 189 (1978).

Miller v. Grants Pass Irrigation District

62 Or. App. 747 · Court of Appeals of Oregon · Apr 27, 1983

No decision was made by the board of the irrigation district to take any action, although the minutes show that the board was aware of the situation. … Stevenson v.

Clark v. U. S. Plywood

38 Or. App. 381 · Court of Appeals of Oregon · Feb 6, 1979

The Workers’ Compensation Board (Board) disagreed and granted benefits to the employee’s beneficiaries. The deceased employee (Clark) worked in a plywood manufacturing plant on the 11 p.m. to 7 a.m. shift. … See Benadel v. SAIF, 33 Or App 597 , 577 P2d 99 (1978); Olsen v. SAIF, 29 Or App 235 , 562 P2d 1234 , rev den (1977); Casper v. SAIF, 13 Or App 464 , 511 P2d 451 (1973); Jordan v.

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.

Stapleton v. Liberty Northwest Insurance

175 Or. App. 618 · Court of Appeals of Oregon · Aug 8, 2001

The Board concluded that there were no objective findings contained in the report. … Consequently, we reverse and remand for the Board to consider whether the chart note’s range of motion measurements constitute objective findings and, if they do not, to explain why not. See Iles v.

Geraths v. Employment Division

24 Or. App. 201 · Court of Appeals of Oregon · Jan 26, 1976

Employer appealed to the Board which reversed the referee and denied claimant benefits. … A recent decision by this court, Georgia-Pacific v. Employment Div., 21 Or App 135 , 533 P2d 829 (1975), involved this same issue.

Raytheon Constructors v. Tobola

195 Or. App. 396 · Court of Appeals of Oregon · Sep 22, 2004

Willamette Industries, Inc. v. Titus, 151 Or App 76, 80 , 950 P2d 318 (1997) (citing Roseburg Forest Products v. Long, 325 Or 305, 309 , 937 P2d 517 (1997)). … Id. at 82.” *400 SAIF v. Hoffman, 193 Or App 750, 753, 91 P3d 812 (2004).

Pre-Hospital Medical Services, Inc. v. Malheur County

134 Or. App. 481 · Court of Appeals of Oregon · May 24, 1995

See Anderson; see also Megdal v. Board of Dental Examiners, 288 Or 293 , 605 P2d 273 (1980). … Mitchell v.

Nolan v. State Accident Insurance

7 Or. App. 46 · Court of Appeals of Oregon · Oct 19, 1971

The court then affirmed the Workmen’s Compensation Board. We review de novo. Coday v. Willamette Tug & Barge, 250 Or 39 , 440 P2d 224 (1968). … See Lisoski v. The Embers, 2 Or App 60, 465 P2d 888 (1970). The burden of proof of employment injury is on the claimant. Blisserd v. SAIF, 6 Or App 111 , 486 P2d 1312 (1971); Coday v. Willamette Tug & Barge, supra.

St. Clair v. Clark

40 Or. App. 809 · Court of Appeals of Oregon · Jun 25, 1979

Petitioner then met with Lee Brown, the Director of the Justice Services Department of Multnomah County. Brown had not been briefed on the matter and so did nothing but listen to petitioner. … Fairview Hospital, 276 Or 657 , 556 P2d 1340 (1976) (Tupper II), reversing 22 Or App 523, 540 P2d 401 (1975) (Tupper I), and Hammer v.