Case law

Freres Lumber Co. v. Murphy

101 Or. App. 92 · Court of Appeals of Oregon · Mar 28, 1990

The Board set aside employer’s denial in its entirety. … ORS 656.245(1); Wetzel v. Goodwin Brothers, 50 Or App 101, 108 , 622 P2d 750 (1981). However, in James v. Kemper Ins.

Lakin v. Senco Products, Inc.

144 Or. App. 52 · Court of Appeals of Oregon · Oct 9, 1996

Viewed most favorably to plaintiffs, Brown v. J. C. … nail into the board.

Bedell v. Schiedler

93 Or. App. 214 · Court of Appeals of Oregon · Sep 28, 1988

Scott v. Cupp, 55 Or App 23 , 637 P2d 173 (1981). Affirmed. … See Penrod/Brown v. Cupp, 283 Or 21 , 581 P2d 934 (1978).

Liacos v. SAIF Corp.

96 Or. App. 737 · Court of Appeals of Oregon · May 24, 1989

Petitioner argues that the Board erred by including the part of the settlement allocable to those persons in the third party distribution computation. After the Board issued its order, we decided Scarino v. … The Board must reconsider the order in the light of Scarino. Reversed and remanded for reconsideration.

Blevins v. Mitchell

138 Or. App. 29 · Court of Appeals of Oregon · Nov 22, 1995

Claimant asserts that he is a subject worker and that the board erred in concluding that employer’s house was a private home. In Fincham v. … The board also found that claimant was not an independent contractor; employer does not contend otherwise. Claimant also cites Caddy v.

Scheidemantel v. State Accident Insurance Fund Corp.

70 Or. App. 552 · Court of Appeals of Oregon · Oct 31, 1984

See Ferguson v. Industrial Indemnity, 70 Or App 46 , 687 P2d 1130 (1984); Chatfield v. SAIF, 70 Or App 62 , 688 P2d 434 (1984); see also Mesa v. Barker, 66 Or App 161, 164 , 672 P2d 1378 (1983); Lucky v. … However, determination of the amount of penalties and attorney fees is a matter the Board must resolve initially. ORS 656.262(10), 656.382(1).

State v. Bishop

46 Or. App. 607 · Court of Appeals of Oregon · Jun 16, 1980

Adams v. Williams, 407 US 143, 146 , 32 L Ed 2d 612 , 92 S Ct 1921 ; Terry v. … State v.

OR-OSHA v. Stahlbush Island Farms, Inc.

306 Or. App. 608 · Court of Appeals of Oregon · Sep 23, 2020

OR-OSHA’s contested case hearings are conducted by an ALJ for the Hearings Division of the Workers’ Compensation Board, and the ALJ’s order is the final order of the board. … The 614 OR-OSHA v. Stahlbush Island Farms, Inc.

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.

Barrett Business Services v. Hames

130 Or. App. 190 · Court of Appeals of Oregon · Sep 7, 1994

Invoking Hicks v. Spectra Physics, 117 Or App 293 , 843 P2d 1009 (1992), and Kephart v. … See Wood v.

Atwood v. State Accident Insurance Fund

30 Or. App. 1009 · Court of Appeals of Oregon · Sep 19, 1977

The claims for compensation in both cases were denied by the hearings officer, the Workers’ Compensation Board and the circuit court. … Uris v. Compensation Department, 247 Or 420, 429 , 427 P2d 753 , 430 P2d 861 (1967); Schartner v. Roseburg Lumber Co., 20 Or App 1, 5 , 530 P2d 545, 547 (1975); Giese v.

Marshall v. SAIF Corp.

146 Or. App. 50 · Court of Appeals of Oregon · Jan 29, 1997

The Board affirmed the AU. In SAIF v. … As required by PGE v.

Taylor v. Multnomah County School District No. 1

109 Or. App. 499 · Court of Appeals of Oregon · Nov 13, 1991

ORS 656.005(7)(a); see *502 Mashadda v. Western Employers Insurance, 75 Or App 93, 95 , 705 P2d 234 (1985). In Wausau Insurance Company v. … The Board did not, and we do not, address the bleacher incident.

Valencia v. Nurseries

113 Or. App. 74 · Court of Appeals of Oregon · May 13, 1992

Relying on Jones v. OSCI, 107 Or App 78 , 810 P2d 1318 (1991), the referee concluded, and the Board agreed, that an award of attorney fees was not appropriate, because the denial had been rescinded before a hearing. … We *77 allowed reconsideration in Jones v. OSCI, supra, withdrew our opinion and reversed and remanded to the Board for an award of attorney fees. 108 Or App 230 , 814 P2d 558 (1991).

Barnett v. Saif Corp.

122 Or. App. 279 · Court of Appeals of Oregon · Aug 4, 1993

The Board affirmed. … Claimant argues that the Board erred in holding that expert testimony was necessary to establish that the March 21 incident at work caused her lumbosacral strain. SAIF contends that Edwards v.

Ashby v. Employment Division

21 Or. App. 265 · Court of Appeals of Oregon · May 5, 1975

The essence of the Appeals Board’s decision is found in its statement of CONCLUSIONS AND REASONS: “* * * The claimant is contending that the Appeals Board must interpret this language as nothing less than a fully binding … Co. v. Hill, 235 Or 352, 356-357 , 381 P2d 219 (1963). We find the word “contract” to be unambiguous. Succinctly, a contract is a binding obligation. 1 *269 Restatement 1, Contracts § 1.

McCrea v. Arriola Bros.

145 Or. App. 598 · Court of Appeals of Oregon · Jan 22, 1997

1 In reaching its decision, the Board relied on its holding in Craig L. … Hiatt v. Halton Company, 143 Or App 579 , 922 P2d 1279 (1996); see Deluxe Cabinet Works v. Messmer, 140 Or App 548 , 915 P2d 1053 , rev den 324 Or 305 (1996).

Reynolds v. Hydro Tech Inc.

182 Or. App. 488 · Court of Appeals of Oregon · Jul 10, 2002

He seeks review of an order of the Workers’ Compensation Board holding that he is not entitled to an insurer-paid attorney fee under ORS 656.382(2). … See Forney v. Western States Plywood, 297 Or 628, 632 , 686 P2d 1027 (1984). Affirmed.

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.

Matter of Grandy

50 Or. App. 239 · Court of Appeals of Oregon · Feb 3, 1981

See State v. O’Neill, 274 Or 59 , 545 P2d 97 (1976); State ex rel Vandenberg v. … Johnson v. Wilson, 276 Or 69 , 554 P2d 157 (1976); McCormick, Evidence 796 § 340, (2d ed E. Cleary) (1972).