Case law

Thomason v. SAIF Corp.

73 Or. App. 319 · Court of Appeals of Oregon · Apr 17, 1985

Fraijo v. Fred N. Bay News Co., 59 Or App 260, 269 , 650 P2d 1019 (1982); accord Harwell v. Argonaut Insurance Co., 296 Or 505, 510 , 678 P2d 1202 (1984); see also ORS 656.214(5); ORS 656.298(6). … See page 3 and n 5, supra; see also Cain v. State Ind. Acc. Comm., 149 Or 29, 42 , 37 P2d 353, 359 (1934); see generally American Bldg. Maint. v. McLees, 296 Or 772, 774 , 679 P2d 1361 (1984); Nesselrodt v.

Stull v. Hoke

141 Or. App. 150 · Court of Appeals of Oregon · May 22, 1996

See Allen v. … He relies on Hickey v. OSP, 127 Or App 727 , 874 P2d 102 (1994).

Turner v. Reed

22 Or. App. 177 · Court of Appeals of Oregon · Jul 28, 1975

See, MacEwan v. Holm et al, 226 Or 27 , 359 P2d 413 , 85 ALR2d 1086 (1961); Papadopoulos v. St. … Cf., Triplett v. Bd. of Social Protection, 19 Or App 408 , 528 P2d 563 (1974); Stivahtis v. Juras, 13 Or App 519 , 511 P2d 421 (1973).

Edge v. Jeld-Wen

52 Or. App. 725 · Court of Appeals of Oregon · Jun 15, 1981

Mueller v. SAIF, 33 Or App 31, 35 , 575 P2d 673 (1978). In Briggs v. … As we have noted before, the Board is generally presumed to have expertise in determining the extent of disability. See, e.g., Russell v.

Inbound, LLC v. Department of Forestry

241 Or. App. 619 · Court of Appeals of Oregon · Mar 23, 2011

Hawes v. … Powell v.

Kovac v. Crooked River Ranch Club & Maintenance Ass'n

186 Or. App. 545 · Court of Appeals of Oregon · Feb 19, 2003

However, in McCarthy v. … Kusyk v.

SAIF Corp. v. Wright

113 Or. App. 267 · Court of Appeals of Oregon · Jun 3, 1992

In Schlecht v. … The Board considered the question and answered it in the negative.

Richmond v. SAIF Corp.

85 Or. App. 444 · Court of Appeals of Oregon · May 20, 1987

Bauman v. SAIF, 295 Or 788 , 670 P2d 1027 (1983); Frasure v. Agripac, 290 Or 99 , 619 P2d 274 (1980); Gregg v. SAIF, 81 Or App 395 , 725 P2d 930 (1986). … We stated in Townsend v. Argonaut Ins.

Gillette v. Employment Division

34 Or. App. 53 · Court of Appeals of Oregon · May 8, 1978

The Board reversed, and since there is evidence to support the Board’s findings, we affirm. … What we said in York v.

State v. Forrister

179 Or. App. 516 · Court of Appeals of Oregon · Feb 13, 2002

Rather, relying on State v. … State v. Juarez-Godinez, 326 Or 1, 7 , 942 P2d 772 (1997); Ball v. Gladden, 250 Or 485, 487 , 443 P2d 621 (1968). There is sufficient evidence here.

Taaffe v. State Accident Insurance Fund Corp.

77 Or. App. 492 · Court of Appeals of Oregon · Jan 29, 1986

ORS 656.273(1) 2 ; see Grable v. Weyerhaeuser Co., 291 Or 387, 400 , 631 P2d 768 (1981); see also Coddington v. SAIF, 68 Or App 439 , 681 P2d 799 (1984). … Apparently, the Board did not believe claimant’s testimony that he had frequently suffered pain in the same area of his back during the intervening time.

Publishers Paper Co. v. Benton County

63 Or. App. 632 · Court of Appeals of Oregon · Jun 22, 1983

The commission shall allow the parties an opportunity to present oral argument to the commission unless the board recommends that oral argument not be allowed and the commission concurs with the board’s recommendation. … The commission shall issue its determination on the recommendation of the board and return the determination to the board for inclusion in the board’s order under section 5 of this 1979 Act, within such time as is necessary

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.

Penifold v. State Accident Insurance Fund Corp.

60 Or. App. 540 · Court of Appeals of Oregon · Dec 8, 1982

our decision in SAIF v. … In James v.

Miller v. Coast Packing Co.

84 Or. App. 83 · Court of Appeals of Oregon · Feb 25, 1987

We agree with the Board that the CPSD is related to the 1970 injury, but we disagree with the Board’s opinion with respect to the psychosis and ANS. … See Barrett v. D & H Drywall, 300 Or 325 , 709 P2d 1083 (1985), on reconsideration 300 Or 553 , 715 P2d 90 (1986).

State v. Clemens

208 Or. App. 632 · Court of Appeals of Oregon · Oct 11, 2006

O’Key, 321 Or 285 , 899 P2d 663 (1995), and State v. Brown, 297 Or 404 , 687 P2d 751 (1984). … State v. St.

Department of Consumer & Business Services v. Zurich American

249 Or. App. 547 · Court of Appeals of Oregon · May 2, 2012

The Department of Consumer and Business Services (DCBS) seeks reconsideration of our opinion in DCBS v. … See, e.g., Speciality Risk Services v.

State v. Baucum

268 Or. App. 649 · Court of Appeals of Oregon · Jan 22, 2015

Montgomery v. Miller, 234 Ariz 289, 304-05, 321 P3d 454, 469-70 (Ariz Ct App 2014); State v. Burgess, 188 Vt 235, 241-44, 5 A3d 911, 915-17 (2010); Smith v. State, 942 So2d 308, 317-18 (Miss App 2006); State v. … In State v.

Horton v. Mrs. Smith's Pie Co.

38 Or. App. 575 · Court of Appeals of Oregon · Feb 20, 1979

See Hoag v. Duraflake, 37 Or App 103 , 585 P2d 1149 (1978). The case is a factual one, hinging almost entirely on the credibility of claimant. … The Board found otherwise. Examining the evidence relied upon by the Board, we find it no more persuasive than the claimant’s testimony. This is a classic situation justifying deference to him who saw the witness.

Trice v. Tektronix, Inc.

104 Or. App. 461 · Court of Appeals of Oregon · Nov 28, 1990

The referee denied reconsideration, and the Board affirmed. … Heuchert v. State Industrial Accident Commission, 168 Or 74 , 121 P2d 453 (1942).