Case law

Scarpellini v. Blue River Veneer

11 Or. App. 497 · Court of Appeals of Oregon · Nov 10, 1972

On appeal by the employer, the Workmen’s Compensation Board affirmed the hearing officer. On further appeal by the employer, the circuit court judge affirmed the Workmen's Compensation Board. Employer appeals. … The applicable statute at the time of Wilson v. State Ind. Acc.

SAIF Corp. v. Varah

160 Or. App. 254 · Court of Appeals of Oregon · Apr 28, 1999

An en banc majority of the Workers’ Compensation Board disagreed and concluded that claimant was entitled to an assessed fee. The essence of the Board’s holding, which invoked Galbraith v. L.A. … In Stephenson v.

State v. J. D. C.

226 Or. App. 563 · Court of Appeals of Oregon · Mar 19, 2009

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). Because we find that there is a reasonable dispute as to whether the trial court erred, we conclude that there is no plain error. … In State v.

Sisters of Providence v. East

122 Or. App. 366 · Court of Appeals of Oregon · Aug 18, 1993

The Board affirmed and adopted the referee’s order. We review the Board’s order for errors of law. Bailey v. Board on Police Standards, 100 Or App 739 , 788 P2d 1022 (1990); ORS 183.482(8)(a). … See Georgia-Pacific v. Piwowar, 305 Or 494, 506 , 753 P2d 948 (1988). The Board did not err in awarding penalties and attorney fees. Affirmed.

Lewis v. Coos County School District No. 9

113 Or. App. 727 · Court of Appeals of Oregon · Jul 1, 1992

The Board found that Liberty had notice of the claim on July 9, 1987. ORS 656.265(1); see Argonaut Ins. Co. v. Mock (A41801), 95 Or App 1,5 , 768 P2d 401 , rev den 308 Or 79 (1989). … The Board held that, because Liberty did not respond to the claim within 60 days, Liberty had denied it “de facto.” See Barr v. EBI Companies, 88 Or App 132, 134 , 744 P2d 582 (1987).

Lewis v. McCracken Motor Freight

108 Or. App. 32 · Court of Appeals of Oregon · Jun 26, 1991

(Emphasis supplied.) 2 In Stepp v. … There is no mention of that statute or Stepp v. SAIF, supra, in the legislative history.

Stines v. Oregon State Employes Ass'n

37 Or. App. 707 · Court of Appeals of Oregon · Dec 26, 1978

Oregon City Fed. of Teach, v. PERB, 23 Or App 540 , 543 P2d 297 (1975). 3 Affirmed. … Upon the filing with the board of a petition by 30 percent or more of the employes in an appropriate bargaining unit covered by such union security agreement declaring they desire that such agreement be rescinded, the board

Jacobus v. Klamath County

Court of Appeals of Oregon · Dec 20, 2023

Maguire v. … See also Towey v.

Dawkins v. Pacific Motor Trucking

91 Or. App. 562 · Court of Appeals of Oregon · Jun 22, 1988

The referee ruled that claimant is not entitled to time loss, relying on Cutwright v. Weyerhaeuser Co., 299 Or 290 , 702 P2d 403 (1985), and Karr v. SAIF, 79 Or App 250 , 719 P2d 35 , rev den 301 Or 765 (1986). … . 1 As we held in Karr v.

Melton v. City of Cottage Grove

131 Or. App. 626 · Court of Appeals of Oregon · Dec 14, 1994

Loud v. City of Cottage Grove, 26 Or LUBA 153 (1993). Petitioners advance five assignments of error, which fall into two general categories.

Burbank v. See Design & Production

123 Or. App. 113 · Court of Appeals of Oregon · Sep 8, 1993

We agree with SAIF that claimant mischaracterizes the Board’s statement. In his *116 brief to the Board, claimant contended that Metro, not See, was responsible for his condition. … Hensel Phelps Const, v. Mirich, 81 Or App 290 , 724 P2d 919 (1986). 1 In the statement quoted, the Board simply concluded that the evidence did not support claimant’s contention.

State v. McClure

256 Or. App. 200 · Court of Appeals of Oregon · Apr 17, 2013

State v. Brandon, 35 Or App 661, 663 , 582 P2d 52 , rev den, 284 Or 235 (1978). … Necanicum Investment Co. v. Employment Dept., 345 Or 138, 142-43 , 190 P3d 368 (2008).

Tidewater Barge Lines, Inc. v. Oregon Environmental Quality Commission

159 Or. App. 296 · Court of Appeals of Oregon · Mar 17, 1999

No. 48 v. Fair Dis. App. Bd., 14 Or App 35 , 512 P2d 799 (1973), the plaintiff challenged a decision of the Fair Dismissal Appeals Board by writ of review. … Wiggins v.

CAMPERS COVE RESORT, LLC v. Jackson County

240 Or. App. 782 · Court of Appeals of Oregon · Feb 16, 2011

See Flying J, Inc. v. … See Blacknall v.

State Accident Insurance Fund Corp. v. Reel

81 Or. App. 258 · Court of Appeals of Oregon · Sep 10, 1986

SAIF petitions for review of an order of the Worker’s Compensation Board which held that claimant was entitled to benefits for injuries he sustained in an explosion caused by a defective propane tank in his camper. … The Board affirmed the referee’s holding that claimant was acting within the course of his employment when he was injured and is entitled to compensation under the rule stated in Rogers v.

State v. Roskelley

336 Or. App. 360 · Court of Appeals of Oregon · Nov 27, 2024

State v. Kirkland, 268 Or App 420, 425, 342 P3d 163 (2015) (quoting State v. Sigman, 141 Or App 479, 483, 919 P2d 45 (1996)). … The board shall resolve any conflict as to what may be a just and proper distribution.” 368 State v.

Champion v. Employment Dept.

Court of Appeals of Oregon · Mar 29, 2023

Affirmed. 72 Champion v. Employment Dept. HELLMAN, J. … Put another way, the board must provide an explanation for how it reached its conclusion. Castro v. Board of Parole, 232 Or App 75, 83, 220 P3d 772 (2009).

Oregon County Fair v. Filings of the National Council on Compensation Insurance

129 Or. App. 73 · Court of Appeals of Oregon · Jul 6, 1994

Castle Homes, Inc. v. Whaite, 95 Or App 269, 272 , 769 P2d 215 (1989). If that inquiry is inconclusive, worker status is determined by reference to the “relative nature of the work” test. See Woody v. … S-W Floor Cover Shop v. Natl. Council on Comp.

SAIF Corp. v. Ross

192 Or. App. 200 · Court of Appeals of Oregon · Feb 18, 2004

In SAIF v. … We upheld the board’s interpretation, finding it not implausible. Don’t Waste Oregon Com. v. Energy Facility Siting, 320 Or 132, 142 , 881 P2d 119 (1994). Petitioners now ask us to reconsider our opinion.

State v. Kast

120 Or. App. 74 · Court of Appeals of Oregon · May 12, 1993

ORS 475.035 grants authority to the Board of Pharmacy (Board) to modify the schedule. … State v. Sargent, 252 Or 579, 580 , 449 P2d 845 (1969). The statutory scheme must contain standards that circumscribe the agency’s exercise of the delegated powers. State v.