Case law

Kaplowitz v. Lane County

285 Or. App. 764 · Court of Appeals of Oregon · Jun 1, 2017

[v. … Furthermore, as we discussed in Gould v.

State v. Birchard

105 Or. App. 402 · Court of Appeals of Oregon · Jan 23, 1991

State v. Haywood, 73 Or App 6 , 697 P2d 977 (1985). We agree. See State v. Birchard (A62487), 105 Or App 400 , 804 P2d 1224 (1991). … State v. Brown, 310 Or 347 , 800 P2d 259 (1990). There is no merit in defendant’s other assignments of error. Convictions affirmed; remanded for resentencing.

Investigators, Inc. v. Harvey

53 Or. App. 586 · Court of Appeals of Oregon · Aug 24, 1981

Davis v. Wasco IED, 286 Or 261, 266 , 593 P2d 1152 (1979). … State ex rel Cox v. Wilson, 277 Or 747, 750 , 562 P2d 172 (1977).

City of Portland v. Carriage Inn

67 Or. App. 44 · Court of Appeals of Oregon · Feb 22, 1984

Thompson v. IDS Life Ins. Co., 274 Or 649, 652 , 549 P2d 510 (1976); State Highway Com. v. Rawson, 210 Or 593, 609 , 312 P2d 849 (1957). We start with the language of the ordinance. Whipple v. … It cites Lyons v. Kamhoot, 281 Or 615 , 575 P2d 1389 (1978), in which the court considered whether a one-month hotel stay was within the scope of the Residential Landlord Tenant Act (ORS 91.700 et seq), and McIntosh v.

Royal Blue Organics v. City of Springfield

310 Or. App. 518 · Court of Appeals of Oregon · Apr 7, 2021

LUBA order reversed and remanded on Springfield Utility Board’s petition; affirmed on Royal Blue Organics’ petition. 520 Royal Blue Organics v. City of Springfield MOONEY, J. … Hulme v. City of Eugene, 299 Or App 76, 79 n 1, 448 P3d 705 (2019).

SAIF Corp. v. Hanscam

246 Or. App. 355 · Court of Appeals of Oregon · Nov 2, 2011

The ALJ *359 agreed with SAIF and reinstated the notice of closure, determining that, under Reynoldson v. … The ALJ and the board upheld the notice of closure. 189 Or App at 329 . On the claimant’s petition for judicial review, we reversed the board. We explained, quoting from Papen v.

State v. B. A. H.

245 Or. App. 203 · Court of Appeals of Oregon · Aug 31, 2011

State v. Atkinson, 298 Or 1, 8-10 , 688 P2d 832 (1984); State v. Coleman, 196 Or App 125, 129 , 100 P3d 1085 (2004), rev den, 338 Or 16 (2005). … The court held in AFSCME Local 2623 v.

Sherris v. City of Portland

41 Or. App. 545 · Court of Appeals of Oregon · Aug 20, 1979

We explained in Ashman v. … Defendant relies on Orr v. Civil Service Board, 30 Or App 739 , 567 P2d 1076 (1977) for this proposition.

State v. Mello

332 Or. App. 215 · Court of Appeals of Oregon · Apr 24, 2024

As noted above, defendant on appeal contends that Ellis’s testimony about the HGN and the VGN was scientific such that it required the state to lay a foundation under the Brown/O’Key factors. State v. … Brown, 297 Or 404, 687 P2d 751 (1984); State v. O’Key, 321 Or 285, 899 P2d 663 (1995).

Barrett v. D & H Drywall

70 Or. App. 123 · Court of Appeals of Oregon · Sep 26, 1984

Claimant petitions for review the order of the Workers’ Compensation Board, claiming that the Board erred in failing to consider his preexisting arthritis in determining the extent of his permanent disability. … Martin v. SAIF, 26 Or App 571 , 553 P2d 377 (1976). This does not mean that an employer must pay compensation for preexisting conditions that are not worsened by the compensable injury.

Pacific Motor Trucking Co. v. Yeager

64 Or. App. 28 · Court of Appeals of Oregon · Jul 27, 1983

Exercising our de novo review function, see Hoag v. Duraflake, 37 Or App 103 , 585 P2d 1149 , rev den 284 Or 521 (1978); Bowman v. … See also General Refractories Co. v. Herron, 566 SW2d 433 (Ky 1978), and Wilkosz v. Symington Gould Corp., 14 NY 2d 739 , 250 NYS 2d 297 , 199 NE2d 387 (1964).

Portland Ass'n of Teachers v. School District No. 1

27 Or. App. 247 · Court of Appeals of Oregon · Nov 1, 1976

John Wiley & Sons v. Livingston, 376 US 543 , 84 S Ct 909 , 11 L Ed 2d 898 (1964); Dept. of Human Res. v. Williams, 12 Or App 133 , 505 P2d 936 (1973); M. Domke, Domke on Commercial Arbitration 100 (1968). … See Butler Products Company v. Unistrut Corporation, 367 F2d 733 (7th Cir 1966); Morris v. Zuckerman, 72 Cal Rptr 880, 446 P2d 1000 (1968); Layne-Minnesota Co. v.

Stiennon v. State Accident Insurance Fund Corp.

68 Or. App. 735 · Court of Appeals of Oregon · Jun 27, 1984

The Board reversed, holding that claimant was not entitled to any time loss “because of prior retirement.” … Taylor v. SAIF, 40 Or App 437, 440 , 595 P2d 515 , rev den 287 Or 477 (1979); see also Hedlund v. SAIF, 55 Or App 313, 317 , 637 P2d 1329 (1981).

Griffin v. SAIF Corp.

210 Or. App. 469 · Court of Appeals of Oregon · Jan 24, 2007

American Medical Response v. Gavlik, 189 Or App 294, 298-99 , 76 P3d 117 (2003), rev den, 336 Or 376 (2004). … Fred Meyer, Inc. v. Hayes, 325 Or 592, 596 , 943 P2d 197 (1997). The requirement that the injury occur “in the course of’ the employment relates to the time, place, and circumstances of the injury. Krushwitz v.

Hamilton v. Continental Pacific Lines

24 Or. App. 871 · Court of Appeals of Oregon · Mar 22, 1976

V. Jackson, D.O., of Forest Grove, who had been claimant’s physician for 20 years. Dr. Jackson testified that though he was in general practice, he was experienced in vascular diseases "which is my special interest.” … He had worked in this specialty area for 13 years and was a Diplómate of the American Board of Internal Medicine and the Cardiovascular Sub-Specialty Boards.

Trujillo v. Pacific Safety Supply

159 Or. App. 350 · Court of Appeals of Oregon · Mar 24, 1999

This argument was addressed and rejected in Koskela v. Willamette Industries, 159 Or App 229 , 978 P2d 1018 (1999). Second, he argues that the Board’s findings regarding his base functional capacity are not consistent. … The Board made inconsistent statements regarding claimant’s BFC. The Board stated that claimant’s BFC was both medium and light. 2 Both statements cannot be correct.

Webb v. Glenbrook Nickel Co.

189 Or. App. 251 · Court of Appeals of Oregon · Aug 13, 2003

Insurer appealed to the board. The board reversed. … Armstrong v. Asten-Hill Co., 90 Or App 200, 206 , 752 P2d 312 (1988).

Josephine County School District No. 7 v. Oregon School Activities Ass'n

15 Or. App. 185 · Court of Appeals of Oregon · Oct 31, 1973

In Sturrup v. … In Haas 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.

Hubble v. State Accident Insurance Fund Corp.

56 Or. App. 154 · Court of Appeals of Oregon · Mar 8, 1982

He cited Otto v. … The referee found that claimant’s injury did not arise out of his employment. 2 The Board supports this contention with citations to cases which construe ORS 656.802(1)(a). See Thompson v.