Case law

Kyei v. Employment Department

244 Or. App. 177 · Court of Appeals of Oregon · Jul 13, 2011

Claimant appealed to the board. The board did not adopt the ALJ’s findings and conclusion but, instead, simply affirmed the ALJ’s order without opinion. … Claimant sought reconsideration, which the board denied because claimant “failed to identify a material error of fact or law.” This case is materially indistinguishable from Opp v.

Riverbend Landfill Co. v. Yamhill County

314 Or. App. 79 · Court of Appeals of Oregon · Aug 18, 2021

(Riverbend) sought approval from the Yamhill County Board of Commissioners (county) to expand its solid waste landfill. … Stop the Dump Coalition v. Yamhill County, 364 Or 432, 434, 435 P3d 698 (2019) (SDC II).

Beaver State Sand & Gravel, Inc. v. Douglas County

187 Or. App. 241 · Court of Appeals of Oregon · Apr 3, 2003

In February 2002, the board of county commissioners held a hearing on the issue. … As the term “advisory opinion” is ordinarily used, it refers to constitutional limitations on the judiciary’s authority, see Brown v.

Eugene Education Ass'n v. Eugene School District 4J

58 Or. App. 140 · Court of Appeals of Oregon · Jul 8, 1982

In support of his ruling, the arbitrator relied on this Board’s holding in Eugene Education Association v. Eugene School District No. 4J, Case No. … In Brewer v.

Helberg v. Civil Service Commission

10 Or. App. 62 · Court of Appeals of Oregon · Jul 7, 1972

In McAlpine v. … Accord: City of Asbury Park v. Dept. of Civil Service, 17 NJ 419, 111 A2d 625 (1955). To the same effect see Jaquith v. Hartley, 243 Or 27 , 411 P2d 274 (1966); State ex rel. v.

Martin v. Douglas County Lumber Co.

4 Or. App. 69 · Court of Appeals of Oregon · Nov 23, 1970

In Uris v. … . * * *” In Hannan v.

Hackney v. Tillamook Growers Co-Op.

39 Or. App. 655 · Court of Appeals of Oregon · Apr 23, 1979

Claimant appeals from a Workers’ Compensation Board (Board) order denying benefits for an injury he sustained while arm wrestling with a fellow employee. We affirm. … The sole issue is whether the "arm wrestling” arose in the course of claimant’s employment as required by ORS 656.005(8)(a). 2 In Simons v.

Carlson v. Piper Aircraft Corp.

57 Or. App. 695 · Court of Appeals of Oregon · Jun 9, 1982

In Lobel v. … Civil Aeronautics Board, Legislative Program, 86th Cong 2d Session, Item 5, p 14.

Standard Insurance v. Washington County

93 Or. App. 78 · Court of Appeals of Oregon · Sep 14, 1988

See West Hills & Island Neighbors v. Multnomah Co., 68 Or App 782, 787 , 683 P2d 1032 , rev den 298 Or 150 (1984). … See McCoy v. Linn County, 90 Or App 271 , 752 P2d 323 (1988), and authorities there cited.

Aguiar v. J. R. Simplot Co.

87 Or. App. 475 · Court of Appeals of Oregon · Sep 16, 1987

McGarry v. SAIF, 24 Or App 883, 888 , 547 P2d 654 (1976). The referee concluded that the operation was reasonable and necessary, but the Board did not agree. … See Schuening v. J. R. Simplot & Company, 84 Or App 622 , 735 P2d 1 , rev den 303 Or 590 (1987).

EBI Insurance v. Witt

113 Or. App. 7 · Court of Appeals of Oregon · May 13, 1992

Gwynn v. SAIF, 304 Or 345, 351 , 745 P2d 775 (1987). The parties agree that claimant is disabled and that he is not expected ever to recover fully from being disabled. … However, neither the referee nor the Board decided whether claimant’s disability is temporary in character.

Snyder v. INTERSTATE DISTRIBUTOR CO.

246 Or. App. 130 · Court of Appeals of Oregon · Oct 19, 2011

SAIF, 280 Or 723 , 573 P2d 275 (1977), and the burden of establishing good cause falls on the claimant, Cogswell v. SAIF, 74 Or App 234, 237 , 702 P2d 81 (1985). … “Good cause” as used in ORS 656.319 is considered to be a delegative term, and this court reviews the board’s good cause determination for an abuse of discretion. Ogden Aviation v.

State v. Johnson

17 Or. App. 296 · Court of Appeals of Oregon · Apr 29, 1974

State v. … Brown, 262 Or 442 , 497 P2d 1191 (1972), holds that under Art I, § 12, Oregon Constitution: ① “* * * a second prosecution is for the ‘same offense’ and is prohibited if (1) the charges arise out of the same act or transaction

State v. Patterson

269 Or. App. 885 · Court of Appeals of Oregon · Mar 18, 2015

State v. Clemente-Perez, 261 Or App 146, 148 , 322 P3d 1082 , rev allowed, 356 Or 397 (2014) (citing State v. Cunningham, 320 Or 47, 63 , 880 P2d 431 (1994), cert den, 514 US 1005 (1995)). … In State v.

Gaussoin v. Port of Portland

144 Or. App. 247 · Court of Appeals of Oregon · Oct 30, 1996

Rollins v. Board of Governors for Higher Educ., 761 F Supp 933, 937 (D RI 1991). … Brown v. J. C. Penney Co., 297 Or 695,705 , 688 P2d 811 (1984). The question is close with respect to both rulings. We have examined the transcript thoroughly.

State v. Davis

113 Or. App. 118 · Court of Appeals of Oregon · May 13, 1992

State v. Racicot, 106 Or App 557 , 809 P2d 726 (1991). … Or Laws 1989, ch 790, § 77; see also State v. Serhieriko, 111 Or App 604 , 826 P2d 114 (1992).

State v. Doerge

11 Or. App. 602 · Court of Appeals of Oregon · Dec 22, 1972

It was wrapped in a heavy orangish-brown wrapping paper similar to common brown wrapping paper. The wrapping paper was sealed with red and green Christmas-style wrapping tape. … In People v.

Newman v. Murphy Pacific Corp.

20 Or. App. 17 · Court of Appeals of Oregon · Jan 14, 1975

The Workmen’s Compensation Board and the hearing officer had previously made similar orders. … See Francoeur v. SAIF, 17 Or App 37 , 520 P2d *22 477 , Sup Ct review denied (1974), where we left undisturbed the assessment by a hearing officer of penalties and attorney fees, but refused further penalties and fees.

DeJonge v. Mutual of Enumclaw

104 Or. App. 296 · Court of Appeals of Oregon · Nov 7, 1990

Payless Drug Stores v. Brown, 300 Or 243 , 708 P2d 1143 (1985); Stromme v. Nasburg and Co., 80 Or App 26 , 721 P2d 847 , rev den 302 Or 35 (1986). … See Payless Drug Stores v. Brown, supra; Stromme v. Nasburg and Co., supra.

Oregon Shores Conservation v. Bd. of County

249 Or. App. 531 · Court of Appeals of Oregon · May 2, 2012

Board of County Commissioners, 243 Or App 298 , 258 P3d 1269 (2011) (Oregon Shores I), and remanded for reconsideration in light of Friends of Yamhill County v. … Board of Commissioners, 351 Or 219 , 264 P3d 1265 (2011) (Friends II)Oregon Shores v. Board of County Commissioners, 351 Or 541 , 273 P3d 135 (2012).