Case law

Daniel v. State Accident Insurance Fund

33 Or. App. 179 · Court of Appeals of Oregon · Mar 13, 1978

This is a review of an order of the Workers’ Compensation Board denying the claimant’s request to reopen her claim. … Dinnocenzo v. SAIF, 18 Or App 63, 67-8 , 523 P2d 1280 (1974). Two expert witnesses presented evidence by report. Claimant relies upon the report of Dr.

Columbia Heating & Cooling, Inc. v. Bucher

191 Or. App. 135 · Court of Appeals of Oregon · Nov 26, 2003

Petitioners first argue that the board erred in determining that claimant did not have a combined condition and second argues that the board abused its discretion by issuing its order in the absence of a board member with … There is substantial evidence in the record supporting the board’s findings. Our recent decision, Fred Meyer Stores, Inc. v.

State v. Gray

261 Or. App. 121 · Court of Appeals of Oregon · Feb 20, 2014

Rather, our review of such error, like any other purported plain error, is determined by reference to the construct prescribed in State v. Brown, 310 Or 347 , 800 P2d 259 (1990), and Ailes . … Brown, 310 Or at 355 .

Johnson v. City of Salem

180 Or. App. 387 · Court of Appeals of Oregon · Mar 27, 2002

When the board issued its order, the Supreme Court had not yet decided Koskela v. Willamette Industries, Inc., 331 Or 362 , 15 P3d 548 (2000). … Also, when the board issued its order, we had not yet decided Everett v.

SAIF Corp. v. Edison

117 Or. App. 455 · Court of Appeals of Oregon · Dec 30, 1992

Employer seeks review of an order of the Workers’ Compensation Board holding that claimant’s injury claim for a stroke is compensable, contending that the request for hearing was untimely or, if timely, that the Board applied … In Norton v.

E. A. R. v. R. B. E.

327 Or. App. 614 · Court of Appeals of Oregon · Aug 23, 2023

Brown v. Taylor, 22 Or App 219, 224, 538 P2d 1268, rev den (1975) (quoting Dunne v. McCashum, 13 Or App 66, 70-71, 508 P2d 821 (1973) (citation omitted)). … See, e.g., Hairston v. Threets, 105 Or App 350, 353-55, 804 P2d 1213 (1991); Brown, 22 Or App at 225.

State v. Orans

56 Or. App. 681 · Court of Appeals of Oregon · Apr 5, 1982

Ashley v. Psy. Sec. Rev. Bd., 53 Or App 333, 338 , 632 P2d 15 (1981). … State v. Nesbitt, 23 Or App 202, 211-12 , 541 P2d 1055 (1975), rev den (1976).

Dedera v. Raytheon Engineers & Constrs

200 Or. App. 1 · Court of Appeals of Oregon · May 25, 2005

The first level of statutory analysis we must undertake under PGE v. … ORS 174.010; Deluxe Cabinet Works v. Messmer, 140 Or App 548, 553 , 915 P2d 1053 , rev den, 324 Or 305 (1996).

Bolton v. Oregonian Publishing Co.

93 Or. App. 289 · Court of Appeals of Oregon · Oct 5, 1988

Claimant seeks review of an order of the Workers’ Compensation Board affirming the referee’s determination of the rate of temporary partial disability compensation. … Reed v. SAIF, 63 Or App 1 , 662 P2d 776 (1983).

Advocates for School Trust Lands v. State of Oregon

346 Or. App. 668 · Court of Appeals of Oregon · Jan 28, 2026

Larsen v. … See, e.g., Hood River Valley v. Board of Cty. Commissioners, 193 Or App 485, 487, 91 P3d 748 (2004) (so explaining).

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).”

Sandoval v. James Kjelde Dairy

156 Or. App. 430 · Court of Appeals of Oregon · Oct 7, 1998

Campos v. Hood River Care Center, 104 Or App 261, 264 , 799 P2d 1152 (1990). … Topolic v. SAIF, 122 Or App 94, 97 , 857 P2d 152 (1993). In its order, the Board referred to a May 1996 report in which claimant was diagnosed with a pain syndrome.

U S West Communications, Inc. v. Eachus

124 Or. App. 325 · Court of Appeals of Oregon · Nov 3, 1993

State v. Clevenger, 297 Or 234, 244 , 683 P2d 1360 (1984). In Burkholder v. … Market Transport v.

State v. Gangi

66 Or. App. 582 · Court of Appeals of Oregon · Jan 18, 1984

See, e.g., State v. Hattersly, 294 Or 592, 597 , 660 P2d 674 (1983); State v. Koennecke, 274 Or 169, 172 , 545 P2d 127 (1976); State v. Sieckmann, 251 Or 259, 260-261 , 445 P2d 599 (1968); State v. … In State v. Cooper, supra, the defendant was found not responsible due to mental disease or defect, and was placed under the jurisdiction of the Psychiatric Security Review Board under former ORS 161.341(3).

Lewis & Clark College v. Bureau of Labor

43 Or. App. 245 · Court of Appeals of Oregon · Nov 26, 1979

See Omlie et ux. v. Hunt, 211 Or 472 , 316 P2d 528 (1957); Hannan v. Good Samaritan Hosp., 4 Or App 178, 189, 471 P2d 831 , 476 P2d 931 (1970), rev den (1971). … The only instance in which an applicant was moved up on the composite list was the Orr incident, and that was not done "to enable” Dean Brown to interview Orr.

Tri-Met, Inc. v. Lamb

193 Or. App. 564 · Court of Appeals of Oregon · Jun 9, 2004

Fred Meyer, Inc. v. Hayes, 325 Or 592, 596 , 943 P2d 197 (1997). The requirement that the injury occur “in the course of’ the employment relates to the time, place, and circumstances of the injury. Krushwitz v. … In support of its assertion, employer cites Alltucker v. City of Salem, 164 Or App 643 , 993 P2d 159 (1999).

State v. Glenn

83 Or. App. 650 · Court of Appeals of Oregon · Feb 11, 1987

Ball v. Gladden, 250 Or 485 , 443 P2d 621 (1968). … It asserts that the warrantless search of the briefcase was justified under the “automobile exception” of State v. Brown, 301 Or 268 , 721 P2d 1357 (1986), and State v. Bennett, 301 Or 299 , 721 P2d 1375 (1986).

Thomas Creek Lumber & Log Co. v. Forester

157 Or. App. 204 · Court of Appeals of Oregon · Nov 18, 1998

Yogman v. Parrott, 325 Or 358, 361 , 937 P2d 1019 (1997), quoting Eagle Industries, Inc. v. Thompson, 321 Or 398 , 900 P2d 475 (1995). … Citing Oregon Lbr. v.

State v. Berg

115 Or. App. 254 · Court of Appeals of Oregon · Sep 16, 1992

State v. Kennedy, 113 Or App 134 , 813 P2d 712 (1992). … State v. Hill, 112 Or App 213 , 827 P2d 951 (1992).

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 .