Case law

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  • Folkenberg v. State Accident Insurance Fund Corp.

    69 Or. App. 159 · Court of Appeals of Oregon · Jul 11, 1984

    Relying on Hubble v. … Livesley Co. v. Russ, supra, 296 Or at 32 . In applying that analysis, the Board relied primarily on our decision in Mackey v. SAIF, 60 Or App 536 , 654 P2d 1144 (1983). However, we find that case to be inapposite.

    Cited 1 timesPublished
  • Smith v. Cadillac

    33 Or. App. 21 · Court of Appeals of Oregon · Apr 12, 1978

    The Workers’ Compensation Board reversed, finding that the claimant had not sustained his burden of proof. The circuit court affirmed the Board and claimant appealed. … Iverson v. SAIF, 28 Or App 789 , 561 P2d 651 (1977). Dr. Eugene Kazmierski, an internist who was claimant’s treating physician, began seeing claimant in 1971 for general care.

    Cited 1 timesPublished
  • Just v. City of Lebanon

    193 Or. App. 155 · Court of Appeals of Oregon · Apr 21, 2004

    [Just] cannot cure this issue by submitting evidence to the Board regarding his standing. … See Hammer v.

    Cited 8 timesPublished
  • Guerra v. SAIF Corp.

    111 Or. App. 579 · Court of Appeals of Oregon · Feb 26, 1992

    See Naught v. Gamble, Inc., 87 Or App 145[, 741 P2d 901 ] (1987). … See Naught v. Gamble, Inc., 87 Or App 145, 149 , 741 P2d 901 (1987).

    Cited 0 timesPublished
  • AFSCME Council 75, Local 3694 v. Josephine County

    234 Or. App. 553 · Court of Appeals of Oregon · Mar 31, 2010

    ORS 183.482(8)(c); Armstrong v. Asten-Hill Co., 90 Or App 200, 206 , 752 P2d 312 (1988). … “In Teamsters Local 670 v. City of Vale, the employer completely disbanded its police department.

    Cited 3 timesPublished
  • DeLong v. Yu Enterprises, Inc.

    170 Or. App. 609 · Court of Appeals of Oregon · Nov 1, 2000

    In Moore v. … In Ducosin v.

    Reversed by DeLong v. Yu Enterprises, Inc., 334 Or. 166 (2002)Cited 2 timesPublished
  • State v. Macy

    125 Or. App. 649 · Court of Appeals of Oregon · Jan 5, 1994

    Relying on State v. … In State v.

    Cited 1 timesPublished
  • State v. Hart

    188 Or. App. 650 · Court of Appeals of Oregon · Jul 16, 2003

    Finally, he contends that we recognized in Gaynor v. Board of Parole, 165 Or App 609 , 996 P2d 1020 (2000), that a party can appeal from an order denying a motion to correct a sentence under ORS 138.083. … In State v.

    Cited 16 timesPublished
  • Columbia Hills Development Co. v. Land Conservation & Development Commission

    50 Or. App. 483 · Court of Appeals of Oregon · Feb 17, 1981

    In Pohrman v. … See League of Women Voters v. Paulus, 287 or 509, 601 P2d 763 (1979); Pohrman v. Klamath County Comm., supra.

    Cited 4 timesPublished
  • Waterwatch of Oregon, Inc. v. Water Resources Department

    259 Or. App. 717 · Court of Appeals of Oregon · Dec 11, 2013

    Wilber v. … Kerivan v.

    Cited 5 timesPublished
  • State v. Moody

    201 Or. App. 58 · Court of Appeals of Oregon · Aug 3, 2005

    See State v. … In State v.

    Cited 5 timesPublished
  • Hanson v. Dan's Steel Co.

    182 Or. App. 651 · Court of Appeals of Oregon · Jul 17, 2002

    Rather, the ALJ concluded that “the standard articulated by [SAIF v. … See Armstrong v. Asten-Hill Co., 90 Or App 200, 205 , 752 P2d 312 (1988).

    Cited 0 timesPublished
  • Union Bank of California, N.A. v. Copeland Lumberyards, Inc.

    213 Or. App. 308 · Court of Appeals of Oregon · Jun 13, 2007

    Board of Parole, 327 Or 147, 156 , 957 P2d 1210 (1998). Prior Supreme Court construction of a statute, in fact, becomes part of the statute as if written into the text of the statute itself. Stephens v. … .”); see also Brown v. Pine Bluff Nursing Home, 359 Ark 471, 474 , 199 SW3d 45, 48 (2004); Xu v. Gay, 257 Mich App 263, 277 , 668 NW2d 166, 174 (2003); Varelis v.

    Cited 5 timesPublished
  • Hayes v. Olmsted & Associates, Inc.

    173 Or. App. 259 · Court of Appeals of Oregon · Mar 28, 2001

    See Baker v. … In Stringer v.

    Cited 16 timesPublished
  • Barbera v. State

    271 Or. App. 525 · Court of Appeals of Oregon · Jun 3, 2015

    To the extent that petitioner argues that the alleged inaccurate advice from his criminal trial lawyer is sufficient to entitle him to invoke the escape clause, that argument is foreclosed by Brown v.

    Cited 1 timesPublished
  • Smith v. Barry

    37 Or. App. 319 · Court of Appeals of Oregon · Dec 4, 1978

    See, Brown v. Bryant, 250 Or 196, 197 , 440 P2d 231 (1968). Defendant’s negligence began when she lost control of her vehicle when approaching a sharp turn and was confronted with an obstacle near her path. … On this point the court distinguished Brown v. Bryant, supra. Bogue is distinguishable from the case here at issue.

    Cited 4 timesPublished
  • Parmer v. Plaid Pantry 54

    76 Or. App. 405 · Court of Appeals of Oregon · Nov 20, 1985

    The proffered evidence completes the otherwise incomplete record, and the Board abused its discretion by not remanding the case to the referee. See Muffett v. … The order on reconsideration is appealable to this court under ORS 656.298(1) and Tektronix Corp. v. Twist, 62 Or App 602 , 661 P2d 562 , rev den 295 Or 259 (1983).

    Cited 0 timesPublished
  • Saif Corp. v. Glubrecht

    156 Or. App. 339 · Court of Appeals of Oregon · Sep 30, 1998

    See Wait v. … Polk County Bd. of Comm’rs v.

    Cited 3 timesPublished
  • Electric Mutual Liability Insurance v. Automax

    113 Or. App. 531 · Court of Appeals of Oregon · Jun 24, 1992

    Petitioners 1 seek review of a Workers’ Compensation Board (Board) order that assigned full responsibility for claimant’s claim to them. … Without it, the Board’s conclusion does not rationally follow from its findings. See Armstrong v. Asten-Hill Co., 90 Or App 200, 205 , 752 P2d 312 (1988).

    Cited 0 timesPublished
  • Brennan v. State Accident Insurance Fund

    16 Or. App. 432 · Court of Appeals of Oregon · Feb 19, 1974

    The Board affirmed and claimant again appealed to the circuit court. That court then reversed the hearing officer and the Board and awarded permanent total disability. … Buster v. Chase Bag Co., 14 Or App 323, 329-30 , 513 P2d 504 (1973).

    Cited 1 timesPublished

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