Case law

State v. Vigil

199 Or. App. 525 · Court of Appeals of Oregon · May 18, 2005

Blakely v. Washington, 542 US 296 , 124 S Ct 2531, 2537 , 159 L Ed 2d 403 (2004). … See State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990) (error is apparent if “the legal point is obvious, not reasonably in dispute”).

Stritt v. State Accident Insurance Fund

37 Or. App. 893 · Court of Appeals of Oregon · Dec 26, 1978

See, e.g., Kinney v. S.I.A.C., 245 Or 543 , 423 P2d 186 (1967); Holden v. Willamette Industries, 28 Or App 613 , 560 P2d 298 (1977). … The referee held that SAIF was responsible for the moving expenses, and the Board affirmed without opinion. That case was not appealed to this court.

Hallford v. Liberty Northwest Insurance

246 Or. App. 563 · Court of Appeals of Oregon · Nov 9, 2011

*564 PER CURIAM Claimant seeks judicial review of an order of the Workers’ Compensation Board that upheld insurer’s partial denial of claimant’s new medical condition claim, arguing that the board did not adequately explain … Compare Somers v. SAIF, 77 Or App 259, 263 [, 712 P2d 179 ] (1986) (persuasive medical opinions are based on accurate and complete history).”

State v. Eismann

21 Or. App. 92 · Court of Appeals of Oregon · Apr 14, 1975

State v. Skinner, 5 Or App 259, 263 , 483 P2d 87 , Sup Ct review denied (1971), cert denied 406 US 973 , 92 S Ct 2419 , 32 L Ed 2d 673 (1972); State v. … State v. Kloucek, 17 Or App 74 , 520 P2d 458 , Sup Ct review denied (1974); State v. Krohn, 15 Or App 63 , 65 and 66, 514 P2d 1359 (1973), Sup Ct review denied (1974); State v.

Phillips v. Hammond

139 Or. App. 507 · Court of Appeals of Oregon · Mar 6, 1996

In Carroll v. Boise Cascade Corp., 138 Or App 610 , 910 P2d 1111 (1996), we held under a different version of the rules that such a provision was invalid. … Claimant’s arguments concerning the rate at which he is to receive permanent partial disability are premature, as the Board has not yet determined that he is entitled to any particular rate. See Hamlin v.

Armstrong v. Employment Division

113 Or. App. 257 · Court of Appeals of Oregon · Jun 3, 1992

Claimant, a teacher, seeks review of an order of the Employment Appeals Board (EAB) denying her claim for unemployment compensation benefits for the 1988 summer school recess. In Mt. Hood Community College v. … Claimant relies on Washer v. Clatsop Care and Rehab.

Warner v. SAIF Corp.

63 Or. App. 280 · Court of Appeals of Oregon · May 25, 1983

Claimant appeals an order of the Workers’ Compensation Board affirming the referee’s award of 80 percent scheduled disability for an injury to his right knee. … Some compelling basis must exist for remanding, Buster v. Chase Bag Co., 14 Or App 323 , 513 P2d 504 (1973); Tanner v. PSC Tool Co., 9 Or App 463 , 497 P2d 1230 (1972), and we find none. Affirmed.

Graham v. Oregon State Penitentiary

83 Or. App. 567 · Court of Appeals of Oregon · Feb 11, 1987

Branton v. OSP, 83 Or App 571 , 732 P2d 926 (1987). … Brown, 297 Or 404 , 687 P2d 751 (1984). Although it is error to admit polygraph evidence in an administrative hearing over the objection of a party, Higley v.

State ex rel. Juvenile Department v. Ortiz

187 Or. App. 116 · Court of Appeals of Oregon · Apr 3, 2003

Dept. v. Brown, 175 Or App 1 , 27 P3d 502 , rev den, 332 Or 558 (2001), State ex rel Juv. Dept. v. Vockrodt, 147 Or App 4 , 934 P2d 620 (1997), and State ex rel Juv. Dept. v. … Dept. v.

City of Cave Junction v. State

289 Or. App. 216 · Court of Appeals of Oregon · Dec 6, 2017

State v. Walraven , 282 Or.App. 649 , 654, 385 P.3d 1178 (2016). … See Reid v.

Cristofaro v. State Accident Insurance Fund

19 Or. App. 272 · Court of Appeals of Oregon · Oct 28, 1974

Claimant sustained a heart attack (myocardial infarction) on September 14, 1972, which the hearing officer, Board and trial court found to be work-connected. … This is contrary to the determination of our Supreme Court in Clayton v.

Eder v. Pilcher Construction

89 Or. App. 425 · Court of Appeals of Oregon · Feb 10, 1988

The Board granted the motion, and claimant appeals. She relies on Neely v. … Claimant is correct that the Board can reach issues raised by a responding party on de novo review without a formal cross-petition. Neely v. SAIF, supra, 43 Or App at 323 .

State v. Jepson

254 Or. App. 290 · Court of Appeals of Oregon · Dec 19, 2012

In support of this theory, the state cites State v. Brown, 183 Or App 434 , 52 P3d 1110 (2002), and State v. Tanner, 304 Or 312 , 745 P2d 757 (1987). … See State v. Brown, 348 Or 293, 298-306 , 232 P3d 962 (2010) (lengthy discussion of what facts support conclusion that the defendant’s actions amounted to waiver; discussing cases). 2 Reversed and remanded.

Phillips v. Department of Revenue

23 Or. App. 748 · Court of Appeals of Oregon · Dec 29, 1975

Assn. v. Sch. Dist. 14, 23 Or App 482 , 543 P2d 35 (1975); cf., Tupper v. Fairview Hospital, 22 Or App 523 , 540 P2d 401 (1975). … The Public Employe Relations Board has been renamed the Employment Relations Board by the legislature. Oregon Laws 1975, ch 147, § 10 (amending ORS 240.060, effective July 1, 1975).

Liberty Northwest Insurance v. Verner

147 Or. App. 475 · Court of Appeals of Oregon · Apr 16, 1997

Employer seeks review of a Workers’ Compensation Board (Board) order on remand, Liberty Northwest Ins. Corp. v. Verner, 139 Or App 165 , 911 P2d 948 (1996) (Verner II), holding that decedent’s claim is compensable. … Corp. v. Verner, 322 Or 214 , 904 P2d 171 (1995).

Nichols v. Baggarley

79 Or. App. 505 · Court of Appeals of Oregon · May 21, 1986

Wallowa Valley Stages, Inc. v. … Wallowa Valley Stages, Inc. v. Oregonian, supra, 235 Or at 599-600 .” Great American Ins. v. General Ins., 257 Or 62, 66 , 475 P2d 415 (1970).

SAIF Corp. v. Otwell

251 Or. App. 704 · Court of Appeals of Oregon · Aug 15, 2012

The administrative law judge (ALJ) affirmed the order on reconsideration, and SAIF requested board review of the ALJ’s decision. See ORS 656.289(3) (providing for board review of ALJ orders pursuant to ORS 656.295). … For example, in SAIF v.

Randall v. Ocean View Construction Co.

196 Or. App. 153 · Court of Appeals of Oregon · Nov 10, 2004

Oregon Drywall Systems v. Natl. Council on Comp. Ins., 153 Or App 662, 666 , 958 P2d 195 (1998). … PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993).

Argonaut Insurance v. Mageske

93 Or. App. 698 · Court of Appeals of Oregon · Nov 2, 1988

Olson v. State Ind. Acc. Com., 222 Or 407 , 352 *701 P2d 1096 (1960). 2 Claimant’s case is largely dependent on the testimony of Silver. … Employer asserts that the referee and Board should have rejected his opinion because it was based on an inaccurate medical history.

Reichhold Energy Corp. v. State

73 Or. App. 708 · Court of Appeals of Oregon · May 22, 1985

See McPherson v. Employment Division, 285 Or 541 , 59 P2d 1381 (1979); Van Gordon v. Ore. State Bd. of Dental Examiners, 63 Or App 561 , 666 P2d 276 (1983). … Thus, the Board “clearly and precisely state[d] what it found to be the facts and fully explained] why those facts led it to the decision it [made].” Home Plate, Inc. v. OLCC, supra, 20 Or App at 190 .