Case law

Jeld-Wen, Inc. v. Page

73 Or. App. 136 · Court of Appeals of Oregon · Apr 10, 1985

Both the referee and the Board concluded that claimant’s psychiatric condition was compensably related to his physical injuries. … See Partridge v. SAIF, 57 Or App 163, 167 , 643 P2d 1358 , rev den 293 Or 394 (1982). We conclude that claimant sustained his burden.

Cummins v. Washington County

110 Or. App. 468 · Court of Appeals of Oregon · Jan 8, 1992

Petitioner contends, however, that that procedural opportunity was illusory, because the board and the county staff were biased. … LUBA concluded that petitioner failed to “demonstrate that the public officials charged with bias are incapable of making a decision on the basis of the evidence and argument presented. 1000 Friends of Oregon v.

Parsons v. Henry

65 Or. App. 627 · Court of Appeals of Oregon · Nov 23, 1983

Hellbusch v. Rheinholdt, 275 Or 307, 313 , 550 P2d 1199 (1976); Roelle v. Griffin, 59 Or App 434, 437-38 , 651 P2d 147 (1982); Seaton v. Builders Board, 29 Or App 467, 470 , 564 P2d 710 (1977); Robinson v. … Builders Board, 20 Or App 340, 343 , 531 P2d 752 (1975).

DeMarco v. Johnson Acoustical

88 Or. App. 439 · Court of Appeals of Oregon · Nov 25, 1987

See Gwynn v. SAIF, 304 Or 345 , 745 P2d 775 (1987). … The Board held that November 1, 1984, the date of the hearing, is the appropriate date from which to measure claimant’s worsening. SAIF does not argue that the Board erred.

Columbia Riverkeeper v. Columbia Cnty.

297 Or. App. 628 · Court of Appeals of Oregon · May 22, 2019

ORS 197.850(9)(a) ; Central Oregon Landwatch v. Deschutes County , 285 Or. App. 267 , 269, 396 P.3d 968 (2017). … See Waste Not of Yamhill County v. Yamhill County , 240 Or.

Utility Reform Project v. Oregon Public Utility Commission

215 Or. App. 360 · Court of Appeals of Oregon · Oct 10, 2007

In Citizens’ Utility Board v. PUC, 154 Or App 702 , 962 P2d 744 (1998), we considered the consolidated appeal. … See State v.

McClendon v. Nabisco Brands, Inc.

77 Or. App. 412 · Court of Appeals of Oregon · Jan 29, 1986

Wheeler v. Boise Cascade, 298 Or 452 , 693 P2d 632 (1985); Weller v. Union Carbide, supra, at 35; Devereaux v. North Pacific Ins. Co., 74 Or App 388, 391 , 703 P2d 1024 , rev den 300 Or 162 (1985). … We disagree with the Board’s analysis and conclusion.

Ellis v. Oregon Department of Education

157 Or. App. 92 · Court of Appeals of Oregon · Nov 4, 1998

to the Board.” … PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993); see also Krieger v. Just, 319 Or 328, 336 , 876 P2d 754 (1994); Odneal v.

Coast Security Mortgage Corp. v. Real Estate Agency

155 Or. App. 579 · Court of Appeals of Oregon · Sep 2, 1998

. *584 In Trebesch v. … For instance, in Dinkins v.

Welch v. Banister Pipe Line

82 Or. App. 23 · Court of Appeals of Oregon · Oct 29, 1986

Payment of medical expenses, whether palliative or curative, are to be paid by the carrier or employer under ORS 656.245. 2 As we concluded in Smith v. … The referee’s finding of total disability was later reversed by the Worker’s Compensation Board. On appeal, we reversed the Board’s order and reinstated the referee’s award of total disability. Welch v.

Oregon State Employes Ass'n v. Deschutes County

40 Or. App. 371 · Court of Appeals of Oregon · May 21, 1979

Klamath Co. v. Laborers Inter. Union, supra at 288-89. … ” Klamath Co. v. Laborers Inter. Union, supra at 287, quoting Winters et al v. Grimes et al, 124 Or 214, 216-17 , 264 P 359 (1928).

Western Employers Insurance v. Foster

90 Or. App. 295 · Court of Appeals of Oregon · Apr 6, 1988

ORS 656.268; Vip’s Restaurant v. *298 Krause, 89 Or App 214 , 748 P2d 164 (1988). … The Board properly ordered reimbursement for vocational assistance. Affirmed.

Olds v. Superior Fast Freight

36 Or. App. 673 · Court of Appeals of Oregon · Oct 30, 1978

Accordingly, the referee, and consequently the Board, erred in failing to allocate a separate award for loss of function to the scheduled members. Foster v. S.A.I.F., 259 Or 86 , 485 P2d 407 (1971); Rundell v. … The claimant in Surratt v.

Strand Century, Inc. v. Dallas

68 Or. App. 705 · Court of Appeals of Oregon · Jun 27, 1984

Greyhound Park v. Ore. Racing Com., 215 Or 76 , 332 P2d 634 (1958). … See Perry v. Oregon Liquor Commission, 180 Or 495 , 177 P2d 406 (1947); Whipple v. OSAA, 52 Or App 419 , 629 P2d 384 , rev den 291 Or 504 (1981).

James v. Kemper Insurance

81 Or. App. 80 · Court of Appeals of Oregon · Sep 3, 1986

West v. SAIF, 74 Or App 317, 321 , 702 P2d 1148 (1985). Claimant argues that the referee and the Board could not consider frequency in determining what is *84 reasonable and necessary. … Wetzel v. Goodwin Brothers, 50 Or App 101, 108 , 622 P2d 750 (1981). In determining what is reasonable and necessary, the insurer, the referee and the Board may consider the frequency of the treatments.

Beck v. Mills

36 Or. App. 581 · Court of Appeals of Oregon · Oct 16, 1978

Employer seeks review of an order of the Workers’ Compensation Board which reinstated claimant to a vocational rehabilitation program from which the Board found he had been arbitrarily terminated by the Disability Prevention … Hammond v. Albina Engine & Mach., 13 Or App 156 , 509 P2d 56 (1973); Hiles v. Compensation Department, 2 Or App 506 , 470 P2d 165 (1970); Barr v. Compensation Department, 1 Or App 432 , 463 P2d 871 (1970).

State v. Kelsey

67 Or. App. 554 · Court of Appeals of Oregon · Apr 11, 1984

See State v. … By attempting to board the airplane, defendant manifested his implied consent to Smith’s opening the boxes. United States v.

State v. Evans

115 Or. App. 392 · Court of Appeals of Oregon · Sep 30, 1992

The state concedes that the trial court erred in failing to apply the guidelines, see State v. Spinney, 109 Or App 573 , 820 P2d 854 (1991); see also State v. … ORAP 5.45(2); State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). We accept the state’s concession that the sentencing was in error. Convictions affirmed; remanded for resentencing.

Thomas v. SAIF Corp.

64 Or. App. 193 · Court of Appeals of Oregon · Aug 10, 1983

Claimant appeals an order on review of the Workers’ Compensation Board, which reversed the opinion and order of the referee, holding that the referee and the Board lacked jurisdiction to consider claimant’s claim. … SAIF argues the Board should be affirmed, relying on Syphers v.

Magee v. State Accident Insurance Fund

48 Or. App. 439 · Court of Appeals of Oregon · Sep 29, 1980

The parties agree that the applicable law is stated in Rosencrantz v. … See Horton v. Mrs. Smith’s Pie Company, 38 Or App 575 , 590 P2d 791 (1979). As in Horton recitation of the facts is not warranted. See Hoag v. Duraflake, 37 Or App 103 , 585 P2d 1149 , rev den 284 Or 521 (1978).