Case law

Stone Forest Industries, Inc. v. Bowler

147 Or. App. 81 · Court of Appeals of Oregon · Mar 19, 1997

Thus, in United Steelworkers v. … In Washington v.

Jeld-Wen, Inc. v. PacifiCorp

240 Or. App. 124 · Court of Appeals of Oregon · Dec 29, 2010

Wilbur-Ellis Co. v. Hawkins, 155 Or App 554, 556 , 964 P2d 291 (1998). The relevant facts are not in dispute. … been suffered or to the findings of said board, and further agree to conform promptly to the findings of said board and to abide thereby * * In June 2006, the Geary Dike ruptured and failed, flooding approximately 2,200

Yekel v. SAIF Corp.

286 Or. App. 837 · Court of Appeals of Oregon · Jul 19, 2017

Brown v. SAIF, 361 Or 241 , 391 P3d 773 (2017); McDermott v. SAIF, 286 Or App 406 , 398 P3d 964 (2017).

Stanfill v. Real Estate Division

35 Or. App. 549 · Court of Appeals of Oregon · Aug 2, 1978

The terms used in ORS 696.301(32) are more definite than the term "unprofessional conduct” found by the Supreme Court to be sufficiently definite as to withstand challenge in Board of Medical Examiners v. … Board of Medical Examiners v. Mintz, supra; Klein v. Real Est. Comm. Holbrook, supra.

Cret v. Employment Department

146 Or. App. 139 · Court of Appeals of Oregon · Jan 29, 1997

The Board offered no rational explanation for its contradictory conclusions as to the sufficiency of evidence in the two matters. Tilden v. … See Fort Smith Chair Co. v. Laney, 238 Ark 636 , 383 SW2d 666 (1964); Merryman v. Administrator, Unemployment Comp. Act, 23 Conn Supp 233, 181 A2d 260 (1962); Bilodeau v.

State v. Couraud

118 Or. App. 550 · Court of Appeals of Oregon · Mar 17, 1993

In State v. Brown, 115 Or App 327, 329 , 838 P2d 624 (1992), we concluded that the legislature intended that amendment to apply retroactively to any misdemeanor committed on or after November 1, 1989. … Nevertheless, because the issue was not preserved, we did not decide in that case whether retroactive application of ORS 137.540(2) would violate the ex post facto clause of the Oregon Constitution. 1 In State v.

Silverton Thriftway v. Kneeland

159 Or. App. 435 · Court of Appeals of Oregon · Apr 7, 1999

Boeing Aircraft Co. v. Roy, 112 Or App 10 [, 827 P2d 915 ] (1992) citing, Tripp v. Ridge Runner Timber Services, 89 Or App 355 [, 749 P2d 586 ] (1988); Karen M. Partridge, 39 Van Natta 137 (1987).” … Armstrong v. Asten-Hill Co., 90 Or App 200, 205 , 752 P2d 312 (1988) (footnote omitted). The Board can adopt an order of an ALJ that contains those components. Campos v.

Ritz v. State Accident Insurance Fund

27 Or. App. 725 · Court of Appeals of Oregon · Dec 13, 1976

The Fund concedes the partial disability to the leg and prays that the order of the Board be reinstated. Claimant, when injured, was a 44-year-old timber faller and bucker. … The claimant has the burden of proving that the industrial injury to one part of the body is also the cause of the disabling condition of other parts of the body, Fisher v.

Schaffer v. SAIF

302 Or. App. 652 · Court of Appeals of Oregon · Mar 4, 2020

Workers’ Compensation Board 1201389; A153630 458 P3d 732 On remand from the Oregon Supreme Court, Schaffer v. SAIF, 365 Or 769, 453 P3d 554 (2019). Allison B. … Garcia-Solis v. Farmers Ins. Co., 365 Or 26, 441 P3d 573 (2019).

Ahn v. Frito-Lay, Inc.

91 Or. App. 443 · Court of Appeals of Oregon · Jun 15, 1988

In Frito-Lay, Inc. v. Ahn, 84 Or App 427 , 734 P2d 15 (1987), we affirmed without opinion the Board’s determination that the worker was suffering from an injury-related emotional condition. … McGill v. SAIF, supra, 81 Or App at 214 , 214 n 1, 215. In McGill, there was no dispute but that the suicide arose from a compensable depressive disorder.

DuBois v. Employment Department

189 Or. App. 560 · Court of Appeals of Oregon · Oct 1, 2003

The board accordingly declined to extend claimant’s base year. On review, claimant contends that the board applied the wrong test. … See Armstrong v. Rogue Federal Credit Union, 328 Or 154, 160 , 969 P2d 382 (1998); State v.

Precision Castparts Corp. v. Lewis

115 Or. App. 732 · Court of Appeals of Oregon · Oct 21, 1992

We rejected employer’s argument in *735 Astoria Plywood Co. v. … See Destael v. Nicolai Co., 80 Or App 596, 600 , 723 P2d 348 (1986). The Board did not err when it considered the February 27 denial.

Multnomah County v. Howell

9 Or. App. 374 · Court of Appeals of Oregon · Apr 27, 1972

Dennis et ux v. City of Oswego et al, 223 Or 60 , 353 P2d 1044 (1960); Shaffner et al. v. City of Salem et al., 201 Or 45 , 268 P2d 599 (1954). … Shepard v. Village of Skaneateles, 300 NY 115 , 89 NE2d 619 (1949).

Boyce v. Sambo's Restaurants, Inc.

39 Or. App. 615 · Court of Appeals of Oregon · Apr 23, 1979

The employer relies on Zandbergen v. … on the Board.

Davis v. State Accident Insurance Fund

15 Or. App. 405 · Court of Appeals of Oregon · Nov 26, 1973

As stated in Fenn v. … Respondent relies, as did the circuit court, on Binet v. Ocean Gate Board of Education, 90 NJ Super 571, 218 A2d 869 (1966); Dawson v. Oklahoma City Casket Company, 322 P2d 642 (Okla 1958); and Cav *408 ness v.

SAIF Corp. v. VanLanen

127 Or. App. 735 · Court of Appeals of Oregon · May 4, 1994

SAIF did not seek review of the determination order. 1 The Board issued an order affirming the referee’s compensability order. SAIF began paying the “retroactive” TTD 35 days after the Board order. … Because SAIF paid the retroactive TTD within the 14 days permitted by the rule, the Board erred in concluding that the payment was untimely. Reversed as to assessment of penalty. In SAIF v.

State Accident Insurance Fund Corp. v. Anderson

94 Or. App. 11 · Court of Appeals of Oregon · Nov 23, 1988

Insurer denied the claim, but the referee held the claim compensable and the Board affirmed. Claimant was eventually terminated. Our review is de novo, and we affirm. … A similar argument was advanced and rejected in SAIF v.

Guerra v. Transport Indemnity Co.

30 Or. App. 415 · Court of Appeals of Oregon · Aug 8, 1977

In this workers’ compensation case, the Workers’ Compensation Board determined that the claimant had suffered 160 degrees or 50 percent of total disability. … The medical diagnosis of back sprain and osteoarthritis are not of sufficient severity to justify the degree of pain of which claimant complains and, unlike Elliott v.

Mal v. Unique Building Maintenance Co.

93 Or. App. 703 · Court of Appeals of Oregon · Nov 2, 1988

Jeld-Wen, Inc. v. Page, 73 Or App 136, 139 , 698 P2d 61 (1985). … See Jeld-Wen, Inc. v. Page, supra 73 Or App at 140 . The Board did not err in holding claimant’s psychiatric disorder compensable. Affirmed on petition and on cross-petition.

Higgins v. Schramm Plastics

112 Or. App. 563 · Court of Appeals of Oregon · Apr 22, 1992

The Board awarded $2,000. … Weyerhaeuser Co. v. Fillmore, 98 Or App 567, 571 , 779 P2d 1102 , rev den 308 Or 608 (1989); see also Diamond Fruit Growers v. Davies, 103 Or App 280 , 796 P2d 1248 (1990).