Case law

Etchison v. State Accident Insurance Fund

8 Or. App. 395 · Court of Appeals of Oregon · Mar 9, 1972

Ramseth v. Maycock, 209 Or 66, 70-71 , 304 P2d 415 (1956). … Sahnow v. Fireman’s Fund Ins. Co., 260 Or 564 , 491 P2d 997 (1971).

State v. Stover

14 Or. App. 559 · Court of Appeals of Oregon · Aug 27, 1973

The separate felony and misdemeanor charges brought against defendant in this case were for the same offense under the three-part test of State v. *562 Brown, 262 Or 442, 448 , 497 P2d 1191 (1972). See, State v. … In State v.

Liberty Northwest Insurance v. Frymire

151 Or. App. 422 · Court of Appeals of Oregon · Nov 26, 1997

The Board rejected the ALJ’s finding that insurer accepted the claim. … Messmer v.

State v. Plummer

134 Or. App. 438 · Court of Appeals of Oregon · May 24, 1995

Mockler testified that she observed a brown substance, which she thought was methamphetamine, in the syringe. … State v. Owens, 302 Or 196, 205 , 729 P2d 524 (1986); State v. Gordon, 110 Or App 242, 245 , 821 P2d 442 (1991).

STATE, DEPT. OF HUMAN RESOURCES v. Williams

12 Or. App. 133 · Court of Appeals of Oregon · Feb 2, 1973

This conclusion is consistent with the opinion in Wagner v. Columbia Hospital Dist., 259 Or 15 , 485 P2d 421 (1971), and spelled out in more detail in the opinions in Skidmore, Owings & Merrill v. … Co., 25 Conn Supp 76, 197 A2d 83 (Super Ct 1963); Thorgaard Plumbing v. County of King, 71 Wash 2d 126, 426 P2d 828 (1967); Madison v. Frank Lloyd Wright Foundation, 20 Wis 2d 361 , 122 NW2d 409 , 20 ALR3d 545 (1963).

State v. Kelsey

124 Or. App. 446 · Court of Appeals of Oregon · Nov 17, 1993

State v. Farmer, 317 Or 220, 224 , 856 P2d 623 (1993); State v. Castrejon, 317 Or 202, 211 , 856 P2d 616 (1993); Ailes v. Portland Meadows, Inc., 312 Or 376, 382 , 823 P2d 956 (1991). … State v. Brown, 310 Or 347, 356 , 800 P2d 259 (1990). Had defendant raised his contentions in the trial court, it could *449 have corrected the alleged errors he now raises on appeal.

Forshee & Langley Logging v. Peckham

100 Or. App. 717 · Court of Appeals of Oregon · Mar 14, 1990

In its order on reconsideration, the Board reversed itself and held that claimant was entitled to temporary disability benefits. *720 On review, the employer argues by analogy to the retired worker in Cutright v. … In Fazzolari v.

von Kohlbeck v. State Accident Insurance Fund Corp.

68 Or. App. 272 · Court of Appeals of Oregon · May 9, 1984

Verment v. Nordstrom-Best, 20 Or App 261 , 531 P2d 288 , rev den (1975). … determination is made. * * *” Harwell v.

Wilson v. State Accident Insurance Fund

3 Or. App. 573 · Court of Appeals of Oregon · Nov 2, 1970

Satterfield, supra; Coday v. Willamette Tug & Barge, 250 Or 39 , 440 P2d 224 (1968). … J., dissents. ① Satterfield v. State Comp. Dept., 1 Or App 524 , 465 P2d 239 (1970).

State v. Reetz

142 Or. App. 421 · Court of Appeals of Oregon · Jul 31, 1996

Brown v. Multnomah County Dist. Ct., 280 Or 95, 100 , 570 P2d 52 (1977). See also Chattanooga Foundry & P. Works v. … See Payless Drug Stores v. Brown, 80 Or App 255, 258 , 722 P2d 31 , rev den 302 Or 159 (1986). ORS 30.875 permits recovery of actual damages, if any, and penalties.

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.

Services Employees International v. Portland Habilitation Center, Inc.

216 Or. App. 492 · Court of Appeals of Oregon · Dec 12, 2007

The proposed agreement between the district and defendant was subject to the approval of the Portland Public School Board (board), and the district took defendant’s proposal to the board’s July 8,2002, meeting for a vote. … McGanty v. Staudenraus, 321 Or 532, 535 , 901 P2d 841 (1995).

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.

Rosencrantz v. Insurance Service Company

2 Or. App. 225 · Court of Appeals of Oregon · Apr 9, 1970

On appeal the Workmen’s Compensation Board and the circuit court affirmed the hearing officer. … This is called the rule of Matter of Marks v. Gray, 251 NY 90 , 167 NE 181 (1929), and has been mentioned, although not specifically passed upon, in Oregon. Munson v. State Ind. Acc.

Caddy v. SAIF Corp.

110 Or. App. 353 · Court of Appeals of Oregon · Dec 18, 1991

The Board held that the Caddys, through their agent Boger, had the right to control claimant’s work and that, therefore, they were his employer. … Fincham v. Wendt, 59 Or App 416, 422 , 651 P2d 159 , rev den 294 Or 149 (1982).

Just v. City of Lebanon

193 Or. App. 132 · Court of Appeals of Oregon · Apr 21, 2004

See ODOT v. … Poddar v.

Hobson v. Ore Dressing, Inc.

87 Or. App. 397 · Court of Appeals of Oregon · Sep 16, 1987

In this workers’ compensation case, claimant seeks review of the Board’s denial of a claim for benefits arising out of claimant’s injury in California. … Phelan v. H.S.C. Logging, Inc., 84 Or App 632 , 735 P2d 22 , rev den 303 Or 590 (1987); Wright v. Industrial Indemnity Co., 68 Or App 302 , 680 P2d 1018 (1984); Langston v.

State v. Willis

333 Or. App. 13 · Court of Appeals of Oregon · Jun 5, 2024

State v. … State v. Benoit, 354 Or 302, 308, 311 P3d 874 (2013) (discussing Brown v. Multnomah County Dist. Ct., 280 Or 95, 102-08, 570 P2d 52 (1977)). “[A]ll those factors are relevant, but none is conclusive * * *.”

State v. Albertson

1 Or. App. 486 · Court of Appeals of Oregon · Dec 18, 1969

Brown, 1 Or App 322 , 461 P2d 836 (1969) Sup Ct review denied (1970), we held that observation of what is in plain and open view may be used as the basis for a search warrant. Each case must be determined on its facts. … United States v. Sterling, 369 F2d 799, 802 (3rd Cir 1966), and Chin Kay v. United States, 311 F2d 317, 320, 321 (9th Cir 1962). The hearsay information in the affidavit herein was not like that in State v.

Gibson v. State Accident Insurance Fund

37 Or. App. 375 · Court of Appeals of Oregon · Dec 4, 1978

This is an appeal by the State Accident Insurance Fund (SAIF) from an order of the Workers’ Compensation Board (Board) holding a claim compensable and ordering SAIF to pay penalties and attorneys fees to the claimant because … Jones v. Emanuel Hospital, 280 Or 147 , 570 P2d 70 (1977); Gilroy v. General Distributors, 35 Or App 361 , 582 P2d 428 (1978). Claimant was therefore entitled to "interim compensation” (see Jones v.