Case law

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  • Ortman v. Laidlaw Transit

    179 Or. App. 624 · Court of Appeals of Oregon · Feb 20, 2002

    PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993). … In Sherman v.

    Cited 0 timesPublished
  • 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).

    Cited 2 timesPublished
  • 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.

    Cited 1 timesPublished
  • Bi-Mart Corp. v. Hardin

    205 Or. App. 454 · Court of Appeals of Oregon · May 3, 2006

    The board affirmed. … See Coleman v. SAIF, 203 Or App 442 , 125 P3d 845 (2005); Cummings v. SAIF, 197 Or App 312 , 105 P3d 875 (2005). We review the board’s determination whether employer met that burden of proof for substantial evidence.

    Cited 0 timesPublished
  • 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.

    Cited 8 timesPublished
  • Ponder v. Employment Department

    171 Or. App. 435 · Court of Appeals of Oregon · Dec 13, 2000

    The term “good cause” is one of delegation, see Springfield Education Assn. v. … McPherson v. Employment Division, 285 Or 541, 550 , 591 P2d 1381 (1979).

    Cited 1 timesPublished
  • Eagle-Air Estates Homeowners Ass'n v. Haphey

    272 Or. App. 651 · Court of Appeals of Oregon · Jul 29, 2015

    See White v. … Interstate Roofing, Inc. v.

    Cited 10 timesPublished
  • Hallmark Furniture v. Saif Corp.

    81 Or. App. 316 · Court of Appeals of Oregon · Sep 10, 1986

    He relied on Industrial Indemnity Co. v. … The Board agreed that Kearns controls but decided that SAIF had proved that there was no such causal connection. We agree with the Board and the referee that Kearns controls this case.

    Cited 1 timesPublished
  • 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).

    Cited 5 timesPublished
  • Batdorf v. State Accident Insurance Fund Corp.

    54 Or. App. 496 · Court of Appeals of Oregon · Nov 2, 1981

    The Board discredited Dr. … Because we find a compensable injury, this case is reversed and remanded to the Board with instructions that the claim be accepted and for further proceedings consistent with this opinion. 1 See Rogers v.

    Cited 5 timesPublished
  • Appeal of Stanton

    560 P.2d 667 · Court of Appeals of Oregon · Feb 28, 1977

    In Phillips v. State Bd. of Higher Ed., 7 Or. … See, Fairview Hospital v. Moore, Or. App., 560 P.2d 671 (1977). [2] See, Von Weidlem/N.W. Bottling v. O.L.C.C., 16 Or.

    Cited 0 timesPublished
  • Canales-Robles v. Laney

    314 Or. App. 413 · Court of Appeals of Oregon · Sep 9, 2021

    Schaefer v. Oregon Aviation Board, 312 Or App 316, 332, 495 P3d 1267, adh’d to as modified on recons, 313 Or App 725, 492 P3d 782 (2021) (quoting State v. Gaines, 346 Or 160, 171, 206 P3d 1042 (2009)). … Relying on Bartz and Brown, we concluded that the public nature of those statutes meant that the grounds for relief 424 Canales-Robles v.

    Cited 13 timesPublished
  • Wal-Mart Stores, Inc. v. Kathleen Climer & Kinney Shoe Co.

    173 Or. App. 282 · Court of Appeals of Oregon · Mar 21, 2001

    See, e.g., Ray Schulten’s Ford v. … See Dennis Uniform Manufacturing v.

    Cited 0 timesPublished
  • 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

    Cited 9 timesPublished
  • 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.)

    Cited 4 timesPublished
  • Schmitz v. SANSERI

    243 Or. App. 409 · Court of Appeals of Oregon · Jun 15, 2011

    Woodward — a board-certified orthopedic surgeon — as an expert witness. Woodward had reviewed the perpetuation deposition testimony of plaintiffs surgeon. … See State v.

    Cited 0 timesPublished
  • Muscatell v. Employment Division

    77 Or. App. 24 · Court of Appeals of Oregon · Dec 18, 1985

    See, e.g., Steinkellner v. Employment Division, 67 Or App 50 , 676 P2d 941 (1984). … On remand, the Board must address this issue. See ORS 183.470(2); Trebesch v. Employment Division, 68 Or App 464 , 683 P2d 1018 , aff’d 300 Or 264 , 710 P2d 136 (1985). Reversed and remanded for reconsideration.

    Cited 4 timesPublished
  • Serv. Emps. Int'l Union Local 503 v. Univ. of Or.

    291 Or. App. 109 · Court of Appeals of Oregon · Apr 4, 2018

    Association of Oregon Corrections Employees v. State of Oregon, Department of Corrections , Case No. … Appeals by filing in the court a written petition praying that the order of the board be modified or set aside."

    Cited 1 timesPublished
  • Leupold & Stevens, Inc. v. City of Beaverton

    226 Or. App. 374 · Court of Appeals of Oregon · Mar 4, 2009

    in appropriate proceedings brought by the board or a party to the board proceeding resulting in the order.” … See Heritage Enterprises v.

    Cited 4 timesPublished
  • SAIF Corp. v. Preston

    254 Or. App. 507 · Court of Appeals of Oregon · Jan 9, 2013

    PER CURIAM Like SAIF v. Haley, 254 Or App 410 , 296 P3d 560 (2012), this case is on remand from the Supreme Court. SAIF Corporation v. Preston, 352 Or 564 , 291 P3d 736 (2012). … We relied on our decision in SAIF v. DeLeon, 241 Or App 614 , 251 P3d 794 (2011). The Supreme Court has now reversed that decision, SAIF v.

    Cited 0 timesPublished

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