Case law

State v. Kock

74 Or. App. 523 · Court of Appeals of Oregon · Jul 17, 1985

State v. Elk, 249 Or 614 , 439 P2d 1011 (1968); State v. Flores, 68 Or App 617 , 685 P2d 999 , rev den 298 Or 151 (1984). … State v. Caraher, 293 Or 471 , 653 P2d 942 (1982); State v. Chinn, 231 Or 259 , 373 P2d 392 (1962); State v.

State v. Morgan

124 Or. App. 229 · Court of Appeals of Oregon · Nov 3, 1993

See, e.g., State v. Woods, 121 Or App 661 , 856 P2d 321 (1993); State v. Cavota, 121 Or App 598 , 856 P2d 322 (1993). … ORAP 5.45(2); State v. Farmer, 317 Or 220 , 856 P2d 623 (1993); State v. Castrejon, 317 Or 202 , 856 P2d 616 (1993); State v. Brown, 310 Or 347 , 800 P2d 259 (1990).

El Sid's Hair Fashion, Inc. v. Employment Division

82 Or. App. 601 · Court of Appeals of Oregon · Dec 4, 1986

Compensation Com. v. Brown, 225 Or 306 , 358 P2d 502 (1960). By contrast, in Golden Shear Barber Shop v.

MAYFLY GROUP, INC. v. Ruiz

241 Or. App. 77 · Court of Appeals of Oregon · Feb 23, 2011

Relying on Hunter v. … See VTech Communications, Inc. v.

Morgan v. MacLAREN SCHOOL, CHILDREN'S SERVICE DIV.

23 Or. App. 546 · Court of Appeals of Oregon · Dec 15, 1975

E. v. Keller, 251 So 2d 703 (Fla App 1971); People ex rel. Silbert v. … If the Board determines that a violation has occurred, the parolee must produce evidence substantiating the existence of mitigating factors which persuade the Board that revocation is not justified.

Eaken v. SAIF

301 Or. App. 852 · Court of Appeals of Oregon · Jan 23, 2020

Workers’ Compensation Board 1604004; A165038 456 P3d 382 On remand from the Oregon Supreme Court, Eaken v. SAIF, 365 Or 657, 451 P3d 610 (2019). … Caren v. Providence Health System Oregon, 365 Or 466, 446 P3d 67 (2019).

Chapel of Memories v. Davis

91 Or. App. 232 · Court of Appeals of Oregon · May 18, 1988

Employer requested Board review, and the Board affirmed and adopted the referee’s opinion and order. Employer implicitly concedes that claim reopening was appropriate. … See Sykes v. Weyerhaeuser Co., 90 Or App 41 , 750 P2d 1171 (1988); Karr v. SAIF, 79 Or App 250 , 719 P2d 35 , rev den 301 Or 765 (1986).

Miller v. Multnomah County

153 Or. App. 30 · Court of Appeals of Oregon · Mar 18, 1998

A hearings officer denied the application, and petitioner appealed to the county governing body (board). … In Evans, LUBA analogized the language of ORS 215.750 and related provisions to that of ORS 215.213(2) and ORS 215.283(2), which the Supreme Court interpreted in Brentmar v.

Heritage Enterprises v. City of Corvallis

71 Or. App. 581 · Court of Appeals of Oregon · Jan 9, 1985

Accordingly, it was not a land use decision reviewable by this Board.” (Footnote omitted; emphasis in original.) LUBA relied on — and its decision was a correct extrapolation from — 1000 Friends of Ore. v. Wasco Co. … See Stewart v. City of Corvallis, supra.

Partridge v. State Accident Insurance Fund Corp.

57 Or. App. 163 · Court of Appeals of Oregon · Apr 26, 1982

Claimant appeals an order of the Workers’ Compensation Board (Board) which reversed a referee’s order granting her compensation for permanent total disability. … Hutcheson v. Weyerhaeuser, 288 Or 51 , 602 P2d 268 (1979); Briggs v. SAIF, 36 Or App 709 , 585 P2d 719 (1978).

State v. Dusenberry

130 Or. App. 205 · Court of Appeals of Oregon · Sep 7, 1994

ORS 144.270(2); State v. Potter, 108 Or App 480, 481 , 816 P2d 661 (1991). The state, however, relies on State v. … It may be true that the Board of Parole and Post-Prison Supervision would impose the same condition; however, it is up to the Board to decide whether to do so.

Strackbein v. SAIF Corp.

168 Or. App. 649 · Court of Appeals of Oregon · Jun 28, 2000

According to the Board, claimant was not entitled to any additional permanent disability. The second Board order reinstated SAIF’s denial of a post-concussive syndrome (PCS). … Hurlburt v. Tecton Laminates Corp., 135 Or App 202, 203 , 897 P2d 347 (1995); Armstrong v. Asten-Hill Co., 90 Or App 200, 205-06 , 752 P2d 312 (1988), and we affirm.

O'Connor v. Zeldin

118 Or. App. 620 · Court of Appeals of Oregon · Mar 17, 1993

Brown, Adm’r v. Miles, 193 Or 466, 480 , 238 P2d 761 (1951). Our review of the evidence indicates that there was no condition precedent or subsequent to the enforceability of the agreement discussed or agreed on. … , Adm’r v.

Bush v. State Accident Insurance Fund Corp.

68 Or. App. 230 · Court of Appeals of Oregon · May 9, 1984

The Board reversed. To establish a compensable heart injury case, a claimant must prove by a preponderance of the evidence that the work activity was both the legal and medical cause of the heart attack. Coday v. … Condon v. City of Portland, 52 Or App 1043, 1046 , 629 P2d 1324 , rev den 291 Or 662 (1981); Anfilofieff v. SAIF, 52 Or App 127 , 627 P2d 1274 (1981).

United States Bakery v. Shaw

199 Or. App. 286 · Court of Appeals of Oregon · Apr 27, 2005

As we said in Armstrong v. … Here, the board adopted the ALJ’s findings: *289 “Dr. Gordin is claimant’s treating orthopedist.

State v. Ponce

54 Or. App. 581 · Court of Appeals of Oregon · Nov 9, 1981

On those facts, we should consider "the purpose and flagrancy of the official misconduct,” Brown v. Illinois, 422 US 590 , 95 S Ct 2254 , 45 L Ed 2d 416 (1975), in deciding whether to impose the sanction. … Brown v. Illinois, supra.

Fitzpatrick v. Freightliner Corp.

62 Or. App. 762 · Court of Appeals of Oregon · Apr 27, 1983

See Seaberry v. SAIF, 19 Or App 676 , 528 P2d 103 (1974); Morris v. Denny’s, 50 Or App 533 , 623 P2d 1118 (1981). … In Morris v.

State v. Upton

132 Or. App. 579 · Court of Appeals of Oregon · Feb 1, 1995

The Supreme Court, in State v. … That led the State Sentencing Guidelines Board (Board) not to include this crime within its sentencing grid: “The offense of Aggravated Murder is not ranked in the Crime Seriousness Scale because the sentence is set by statute

Fisher v. Clackamas County School District 12

13 Or. App. 56 · Court of Appeals of Oregon · Mar 19, 1973

McCollum v. Board of Education, 333 U.S. 203 , 68 S. Ct. 461 , 92 L. Ed. 649 (1948), with Zorach v. Clauson, 343 U.S. 306 , 72 S. Ct. 679 , 96 L. Ed. 954 (1952); see also Abington School District v. … See Everson v. Board of Education, 330 U.S. at 16, 67 S. Ct. 504 , 91 L. Ed. 711 ; cf. Sherbert v. Verner, 374 U.S. 398 , 83 S. Ct. 1790 , 10 L. Ed. 2d 965 (1963) * * (Emphasis supplied.)

Hass v. Employment Department

244 Or. App. 131 · Court of Appeals of Oregon · Jun 29, 2011

*132 PER CURIAM Claimant seeks judicial review of a final order of the Employment Appeals Board (EAB). … As we recently explained in Opp v.