Case law

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).

Sullivan v. Employment Division

42 Or. App. 581 · Court of Appeals of Oregon · Oct 8, 1979

The key consideration is that he receive no compensation. *584 Taylor v. Emp. Div., 286 Or 711 , 597 P2d 780 (1979). … See Employment Division v. Bechtel, 36 Or App 831 , 585 P2d 769 (1978). In their brief, petitioners assign error to the Board’s order, treating it as if it were written in the same language as the referee’s opinion.

Wheeler v. Boise Cascade

66 Or. App. 620 · Court of Appeals of Oregon · Apr 17, 1984

However, in Hutcheson v. … The referee thought Hutcheson controlling, as did the Board dissenter. The Board majority thought Weller controls.

Van Horn v. Jerry Jerzel, Inc.

66 Or. App. 457 · Court of Appeals of Oregon · Jan 11, 1984

Jacobson v. SAIF, 36 Or App 789, 792 , 585 P2d 1146 , rev den *460 284 Or 521 (1978). In Oakley v. … The amount awarded as a penalty and attorney fee was within the Board’s discretion. See Logan v. Boise Cascade Corp, supra, 5 Or App at 642 . We find no abuse of discretion.

Devereaux v. North Pacific Insurance

74 Or. App. 388 · Court of Appeals of Oregon · Jul 17, 1985

The insurer argues that the award of penalties should be completely stricken from the Board’s order because, under Bono v. … Booras v. Uyeda, 295 Or 181, 188-89 , 666 P2d 791 (1983); R. A. Gray & Co. v. McKenzie, 57 Or App 426 , 645 P2d 30 , rev den 293 Or 340 (1982). We must affirm the Board’s order on this issue.

Oregon Occupational Safety & Health Division v. PGE Co.

119 Or. App. 17 · Court of Appeals of Oregon · Mar 31, 1993

On PGE’s appeal, the Board dismissed the citation, concluding that PGE’s Salem facility was not subject to that rule. OR-OSHA contends that the Board erred in so ruling. We agree. … ORS 183.482(8)(a); Beverly Enterprises, Inc. v. Senior Services Div., 106 Or App 739, 745 , 809 P2d 1360 (1991).

State v. LaStair

81 Or. App. 558 · Court of Appeals of Oregon · Oct 15, 1986

State v. … State v. Brown, supra, 297 Or at 440 .

Marsh v. Saif Corp. (In re Comp. of Marsh)

297 Or. App. 486 · Court of Appeals of Oregon · May 15, 2019

See DeBoard v. Meyer , 285 Or. App. 732 , 737-38, 397 P.3d 37 , rev. den. , 361 Or. 885 , 403 P.3d 770 (2017) ; SAIF v. Williams , 281 Or. App. 542 , 548, 381 P.3d 955 (2016). … See Concrete Cutting Co. v. Clevenger , 191 Or.

Friends of Yamhill County v. Yamhill County

325 Or. App. 282 · Court of Appeals of Oregon · Apr 19, 2023

Land Use Board of Appeals 2022081; A180472 529 P3d 1007 Petitioner 1000 Friends of Yamhill County seeks judicial review of an order of the Land Use Board of Appeals … Id. at 459. 292 Friends of Yamhill County v.

Stone v. Whittier Wood Products

116 Or. App. 427 · Court of Appeals of Oregon · Nov 18, 1992

'The referee determined that, under Safeway Stores v. Owsley, 91 Or App 475 , 756 P2d 48 (1988), claimant was not entitled to TPD after her termination. The Board adopted the referee’s order on review. … Safeway Stores v. Owsley, supra. If claimant is correct that her termination was in violation of ORS 659.425, she may be entitled to remedies that are available under that statutory scheme. See Welch v.

Reed v. Del Chemical Corp.

16 Or. App. 366 · Court of Appeals of Oregon · Feb 5, 1974

Fredrickson v. Grandma Cookie Co., 13 Or App 334 , 509 P2d 1213 (1973). … Thus this case is unlike Jackson v. SAIF, 7 Or App 109 , 490 P2d 507 (1971), where the State Accident Insurance Fund unilaterally terminated payments in direct violation of a hearing officer’s specific order.

McCleery v. State

132 Or. App. 14 · Court of Appeals of Oregon · Dec 21, 1994

Fitzgerald v. Oregon Board of Optometry, 75 Or App 390, 392 , 760 P2d 586 (1985). … See Don’t Waste Oregon Com. v. Energy Facility Siting, 320 Or 132, 149 , 881 P2d 119 (1994); Amazon Coop. Tenants v. Bd. High Ed., 15 Or App 418, 420 , 516 P2d 89 , rev den (1974).

City of Canby v. Canby Police Assoc.

68 Or. App. 317 · Court of Appeals of Oregon · May 9, 1984

ORS 243.650(1); 2 ORS 243.682(1); AFSCME v. Executive Dept., 52 Or App 457 , 478 n 24, 628 P2d 1228 (1981). … The board may determine a unit to be the appropriate unit in *320 a particular case even though some other unit might also be appropriate.”

White v. Reyes

Court of Appeals of Oregon · Sep 18, 2024

Union Oil Co. v. Board of Co. Comm. of Clack. Co., 81 Or App 1, 6, 724 P2d 341 (1986) (rejecting petitioner’s attempt to treat tests and factors from the same opinion as “wholly inde- pendent” of each other). … Penrod/Brown v. Cupp, 283 Or 21, 581 P2d 934 (1978). In Penrod/Brown, we explained that the additional restraints created a “prison within a prison” from which the adult in custody could seek release. Id. at 25.

State v. Sanders

285 Or. App. 878 · Court of Appeals of Oregon · Jun 1, 2017

.”); State v. … See State v.

Cortes v. Wyland

107 Or. App. 218 · Court of Appeals of Oregon · May 15, 1991

In 1986 and 1987 the farm operation resulted in a net loss for income tax purposes. ‘ ‘The real property is owned by Bonnie V. Wyland. George Wyland is Bonnie Wyland’s son. … Claimant also asserts that the Board erred as a matter of law in holding that he is not a subject worker; he relies on Hunnicutt v.

Parker v. North Pacific Insurance

66 Or. App. 118 · Court of Appeals of Oregon · Dec 7, 1983

Following oral argument in this case, the Supreme Court decided Bauman v. SAIF, 295 Or 788 , 670 P2d 1027 (1983). In Bauman , the claimant alleged that a bursitis condition was compensable. … Accordingly, with respect to that portion of the Board’s order affirming the insurer’s denial of the three aggravation claims, we remand the case to the Board for reconsideration in light of Bauman as to fraud or misrepresentation

State v. Roberts

75 Or. App. 292 · Court of Appeals of Oregon · Sep 18, 1985

Payton v. New York, 445 US 573, 590 , 100 S Ct 1371 , 63 L Ed 2d 639 (1980); State v. Rubert, 46 Or App 843 , 612 P2d 771 (1980). … Defendant cites Welsh v.

Clarke Electric, Inc. v. State ex rel. State Highway Division

93 Or. App. 693 · Court of Appeals of Oregon · Nov 2, 1988

Council v. Oregon State Bd. of Ed., supra, 307 Or at 43-44 . … See FOPPO v. County of Marion, 93 Or App 93 , 760 P2d 1363 (1988).

Van Derzanden v. State Accident Insurance Fund Corp.

60 Or. App. 316 · Court of Appeals of Oregon · Nov 10, 1982

The Board reduced the disability award to 5 percent. Thus, claimant did not prevail on the compensation issue. Bailey v. Morrison-Knudsen, 5 Or App 592, 598 , 485 P2d 1254 (1971). … The Board did increase penalties and attorney fees. Nonetheless, as we noted in Korter v.