Case law

In RE COMPENSATION OF McCOY

246 Or. App. 702 · Court of Appeals of Oregon · Dec 7, 2011

Department of Consumer and Business Services, Petitioner Cross-Respondent, v. … The board issued a final order on appeal from the ALJ's order.

Brennan v. State Accident Insurance Fund

11 Or. App. 530 · Court of Appeals of Oregon · Dec 15, 1972

The hearing officer and Workmen’s Compensation Board had denied these claims. … Bicknell v. SAIF, 8 Or App 567 , 495 P2d 289 (1972). Reversed and remanded for judgment in accordance with this opinion.

Liberty Northwest Insurance v. Ausbie

107 Or. App. 762 · Court of Appeals of Oregon · Jun 19, 1991

We reversed the Board’s order in Donna E. Aschbacher, supra, Aetna Casualty Co. v. … Accordingly, the Board must reconsider its decision in the light of our opinion. Reversed and remanded for reconsideration in the light of Aetna Casualty Co. v. Aschbacher, supra.

Nida v. Northwest Regional Educational Lab, Inc.

200 Or. App. 541 · Court of Appeals of Oregon · Jul 6, 2005

Because the board reviewed the ALJ’s exercise of discretion and did not purport to exercise discretion itself, we review for errors of law, SAIF v. Kurcin, 334 Or 399, 405 , 50 P3d 1167 (2002), and affirm. … The board considered the ALJ’s exercise of discretion under the applicable rule and, given our standard of review, we conclude the board did not err. Affirmed.

Hill v. County Court for Union County

42 Or. App. 883 · Court of Appeals of Oregon · Oct 29, 1979

ORS 34.040; Green v. Hayward, 275 Or 693, 702 , 552 P2d 815 (1976); Meeker v. Board of Commissioners of Clatsop County, 36 Or App 699 , 585 P2d 1138 (1978). … See South of Sunnyside Neighborhood League v. Board of Commissioners of Clackamas County, supra; Commonwealth Properties v. Washington County, 35 Or App 387 , 582 P2d 1384 (1978).

Kepford v. Weyerhaeuser Co.

77 Or. App. 363 · Court of Appeals of Oregon · Jan 29, 1986

Wheeler v. Boise Cascade, 298 Or 452 , 683 P2d 550 (1985). … See SAIF v. Gygi, 55 Or App 570 , 639 P2d 655 , rev den 292 Or 825 (1982). Employer argues, citing Million v.

Haney v. Schiedler

202 Or. App. 51 · Court of Appeals of Oregon · Oct 12, 2005

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). Further, “error apparent” is determined by reference to the law existing as of the time the appeal is decided, and not as of the time of trial. State v. … Brown, 310 Or at 355 .

Young v. SAIF Corp.

137 Or. App. 193 · Court of Appeals of Oregon · Oct 11, 1995

SAIF requested Board review of the referee’s order. … Volk v. America West Airlines, 135 Or App 565 , 899 P2d 746 (1995). Accordingly, we remand for the *196 Board to reconsider attorney fees in light of the 1995 amendments. Reversed and remanded for reconsideration.

Robuck v. SAIF Corp.

207 Or. App. 761 · Court of Appeals of Oregon · Sep 20, 2006

Good Samaritan Hospital v. Stoddard, 126 Or App 69, 72 , 867 P2d 543 , rev den, 319 Or 572 (1994). … SAIF v.

State v. Anderson

117 Or. App. 495 · Court of Appeals of Oregon · Dec 30, 1992

.” *498 Defendant, relying on State v. … State v. Brown, 306 Or 599, 602 , 761 P2d 1300 (1988). In State v.

State v. Gensler

266 Or. App. 1 · Court of Appeals of Oregon · Oct 8, 2014

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). … First, in State v. Vanornum, 354 Or 614, 628-29 , 317 P3d 889 (2013), the court held that appellate review of purported instructional plain error is governed by the principles described in Brown and Ailes .

State v. Highley

219 Or. App. 100 · Court of Appeals of Oregon · Mar 26, 2008

See State v. … See generally State v.

State v. Smith

274 Or. App. 562 · Court of Appeals of Oregon · Oct 28, 2015

See State v. … State v. Coverstone, 260 Or App 714, 715 , 320 P3d 670 (2014) (citing State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990)).

Schneider v. Emanuel Hospital

28 Or. App. 363 · Court of Appeals of Oregon · Jan 31, 1977

This court reversed and the case was remanded to the Board for consideration on the merits. Schneider v. Emanuel Hospital, 20 Or App 599 , 532 P2d 1146 , Sup Ct review denied (1975). … But, as was the case in Marek v.

In Re Moore

462 P.2d 453 · Court of Appeals of Oregon · Dec 18, 1969

Moore, Claimant and Respondent, v. U.S. Plywood Corporation and Liberty Mutual Insurance Co. (Employer and Insurance Carrier), Each a Foreign Corporation Doing Business in the State of Oregon, Appellants. … Maurice V. Engelgau, Coquille, argued the cause and filed the brief for respondent. SCHWAB, Chief Judge.

State v. McGilchrist

57 Or. App. 86 · Court of Appeals of Oregon · Apr 26, 1982

Neither party addressed this question either in the trial court or here, and we do not consider the question whether the exception to ORS 131.515(2) survives Brown v. Multnomah County Dist. … Ct., 280 Or 95 , 570 P2d 52 (1977), or passes muster under State v. Brown, 262 Or 442 , 497 P2d 1191 (1972).

Saif Corp. v. Weathers

151 Or. App. 510 · Court of Appeals of Oregon · Dec 17, 1997

We hold that the Board articulated the correct test but erred in its application. In Bogle v. … In Elwood v. State Acc. Ins.

State v. Brock

270 Or. App. 675 · Court of Appeals of Oregon · May 6, 2015

See State v. Brown, 301 Or 268, 276 , 721 P2d 1357 (1986); see also State v. … State v. Bennett/McCall, 265 Or App 448, 454-55 , 338 P3d 143 (2014) (citing Brown, 301 Or at 276 ). Police must have “probable cause to believe that a person’s automobile * * * contains contraband or crime evidence[.]”

ITT Hartford Insurance Group v. Nicholls

126 Or. App. 633 · Court of Appeals of Oregon · Mar 2, 1994

PER CURIAM Employer seeks review of an order of the Workers’ Compensation Board holding that the Board did not have jurisdiction to determine whether chiropractic care that claimant had received was approved by claimant’s … Darigold, Inc., 123 Or App 217 , 861 P2d 352 (1993), the Board may resolve as long as no party has sought review by the director of the Department of Insurance and Finance. Theodore v.

Gressett v. Weyerhaeuser Co.

43 Or. App. 787 · Court of Appeals of Oregon · Dec 24, 1979

The Board, however, reversed the referee’s order that the claim be accepted because the Board, relying on this court’s decision in Weller v. Union Carbide, 35 Or App 355 , 582 P2d 8 (1978), and Stupfel v. … Accordingly, that portion of the Board’s order reversing the referee’s order that the claim be accepted is reversed. In all other respects, the Board’s order is affirmed. Affirmed in part and reversed in part.