Case law

Leonard v. Jackson

6 Or. App. 613 · Court of Appeals of Oregon · Sep 21, 1971

the highway,” and in failing to “[rjemove the loose rocks above the highway.” ① *615 The defendants demurred to the complaint upon the ground that the complaint failed to state a cause of action, citing as authority Smith v. … This allegation was stricken on motion of defendants. ② In Smith v.

Lane Unified Bargaining Council/SLEA/OEA/NEA v. SOUTH LANE SCH. DIST. 45J3

169 Or. App. 280 · Court of Appeals of Oregon · Aug 2, 2000

The Board followed District’s recommendation and on March 2 voted not to extend Rogge’s contract. On March 9, District notified Rogge in writing of the Board’s action. … Stull v. Hoke, 326 Or 72, 77 , 948 P2d 722 (1997); State v.

Chiles v. Robertson

94 Or. App. 604 · Court of Appeals of Oregon · Jan 11, 1989

In Abrahamson v. … See Baker v.

State Accident Insurance Fund Corp. v. Brewer

62 Or. App. 124 · Court of Appeals of Oregon · Mar 2, 1983

This is a successive-injury case and is governed by the “last injury” rule 3 adopted in Smith v. Ed’s Pancake House, 27 Or App 361, 364-65 , 556 P2d 158 (1976): *128 “In Outright v. Amer. … We disagree with the Board’s conclusion that claimant’s “injury” at Viking contributed independently to her final condition. The Board apparently relied on Dr.

Wood v. Dunn

109 Or. App. 204 · Court of Appeals of Oregon · Oct 9, 1991

We do not understand the Board’s rationale. Certainly, Herwood needed notice of SAIF’s acceptance of the claim before it could be expected to request a hearing on that issue. In any event, under our holdings in Blain v. … We held in Kistner v.

McIntyre v. Employment Division

41 Or. App. 189 · Court of Appeals of Oregon · Jul 30, 1979

Claimant appeals from a decision of the Employment Appeals Board that denied her claim for unemployment compensation. … Given that loggers have been awarded unemployment compensation during a seasonal layoff, Anderson v.

Stratis v. Georgia-Pacific Corp.

96 Or. App. 706 · Court of Appeals of Oregon · May 24, 1989

Claimant argues that the issue is the scope of employer’s 1981 acceptance and that, under Bauman v. SAIF, 295 Or 788 , 670 P2d 1027 (1983), and Georgia-Pacific v. … See ORS 656.273(1). 1 There is substantial evidence to support the Board’s finding that it did not. The Board did not err when it affirmed the referee’s denial of the aggravation claim.

Lawson v. Coos County School District 13

81 Or. App. 358 · Court of Appeals of Oregon · Sep 10, 1986

As the Supreme Court explained in Brown v. Oregon State Bar, 293 Or 446 , 648 P2d 1289 (1982): “Justiciability is a vague standard but entails several definite considerations. … Ass’n. v. White, 159 Or 99, 109 , 78 P2d 572, 576 (1938).” 293 Or at 449 . The complaint does not present a justiciable controversy.

State v. Thornton

41 Or. App. 469 · Court of Appeals of Oregon · Aug 20, 1979

In State v. Richmond, 31 Or App 553 , 520 P2d 1014 (1977), and State v. … Dept. v. Brown, 33 Or App 423, 425 , 576 P2d 830 (1978), we held that an order denying remand was not appealable because it was not a final order. A dismissal, as in this case, is a final order.

Jones v. State Accident Insurance Fund

40 Or. App. 311 · Court of Appeals of Oregon · May 14, 1979

The matter was reviewed by the Board, which eliminated the penalty and attorney’s fee and affirmed the order in all other respects. … Norgard v. Rawlinsons, 30 Or App 999, 1003 , 569 P2d 49 (1977). The penalty and the attorney’s fee were therefore warranted. Reversed.

Smith v. Oregon State Department of Corrections

103 Or. App. 447 · Court of Appeals of Oregon · Sep 12, 1990

PER CURIAM To the extent that petitioners challenge the rule-making process, the authority for the rules and the implementation of the rules, the issues in this case are resolved by Clark v.

Lepage v. Rogue Valley Medical Center

166 Or. App. 627 · Court of Appeals of Oregon · Apr 19, 2000

Claimant seeks judicial review of an order of the Workers’ Compensation Board (Board) denying his aggravation claim. … See also SAIF v. January, 166 Or App 620 , 998 P2d 1286 (2000).

Industrial Indemnity Co. v. Weaver

81 Or. App. 493 · Court of Appeals of Oregon · Oct 8, 1986

See Bracke v. Baza’r, 293 Or 239 , 646 P2d 1330 (1982); Fred Meyer v. Benjamin Franklin Savings & Loan, 73 Or App 795 , 700 P2d 257 , rev den 300 Or 162 (1985). … Liability for the disability caused by the underlying disease was fixed when the disability arose, Bracke v.

Fisher v. BELLEQUE

237 Or. App. 405 · Court of Appeals of Oregon · Sep 29, 2010

In Brown v. … Brown, 131 Or App at 361 .

Ainsworth v. SAIF Corp.

202 Or. App. 708 · Court of Appeals of Oregon · Nov 23, 2005

The Workers’ Compensation Board (board), applying OAR 436-035-0390, awarded benefits based on 50 percent impairment. … In Planned Parenthood Assn. v.

Oregon School Employees Ass'n v. Salem-Keizer School District 24J

103 Or. App. 221 · Court of Appeals of Oregon · Aug 29, 1990

See Fadeley v. Oregon Government Ethics Commission, 30 Or App 795, 801 , 568 P2d 687 (1977). … U* * * * * “(3) Where the board finds that the person named in the complaint has not engaged in or is not engaging in an unfair labor practice, the board shall: “(a) Issue an order dismissing the complaint * * ORS 183.450

Dept. of Human Services v. J. S.

339 Or. App. 695 · Court of Appeals of Oregon · Apr 16, 2025

“The other option will be to continue our hearing until we get someone on board for you. … State v.

Fechtig v. City of Albany

150 Or. App. 10 · Court of Appeals of Oregon · Sep 17, 1997

“ORS 197.830(14)(b) requires this Board to award attorney fees against a party whose appeal is not supported by probable cause. … See Pfeifer v.

State v. Dummitt

115 Or. App. 487 · Court of Appeals of Oregon · Oct 14, 1992

It argues, however, that no rule precludes supervision by both the sentencing court and the Board. … See State v. Enos, 114 Or App 208 , 836 P2d 1347 (1992); State v. Markham, 114 Or App 5 , 836 P2d 1348 (1992). The judgment requires that defendant serve 90 days in jail. The state concedes that that was error.

Ingram v. SAIF Corp.

72 Or. App. 215 · Court of Appeals of Oregon · Feb 20, 1985

Claimant petitions for review of a Board order that denied compensation for a heart condition. … See Lines v. SAIF, 54 Or App 81 , 634 P2d 262 (1981). Affirmed.