Case law

State v. Hunter

141 Or. App. 73 · Court of Appeals of Oregon · May 15, 1996

Count 29 referred to a “male, Seal Point Siamese kitten, dark brown and white with red tail.” … Here, Counts 33 and 34 each alleged neglect of an “adult female Siamese mix, tan and brown in color.”

State v. Hacker

51 Or. App. 743 · Court of Appeals of Oregon · Apr 20, 1981

See United States v. Ceccolini, 435 US 268 , 98 S Ct 1054 , 55 L Ed 2d 268 (1978); Brown v. Illinois, 422 US 590 , 95 S Ct 2254 , 45 L Ed 2d 416 (1975); Wong Sun v. United States, supra. … See also State v. Brown, 47 Or App 201 , 613 P2d 1107 (1980); State v. Garrison, 21 Or App 155 , 534 P2d 210 , rev den (1975). As stated in State v.

Roseburg Forest Products v. Boqua

147 Or. App. 197 · Court of Appeals of Oregon · Mar 19, 1997

Shoulders v. SAIF, 300 Or 606 , 716 P2d 751 (1986). In Shoulders , the court addressed a similar issue. … The Board affirmed the referee’s determination as to the phlebitis and thrombophlebitis but reversed as to the tinnitus and vertigo. The Board did not award the claimant any attorney fees.

Ainsworth v. Joslyn Manufacturing & Supply Co.

11 Or. App. 154 · Court of Appeals of Oregon · Oct 19, 1972

Swanson v. Westport Lumber Co., 4 Or App 417 , 479 P2d 1005 (1971); Cooper v. Publishers Paper, 3 Or App 415, 474 P2d 27 (1970). … Swanson v. Westport Lumber Co., supra. See also Bailey v. Morrison-Knudsen Co., 5 Or App 592, 596-97 , 485 P2d 1254 (1971); and Dalton v. Cape Arago Lumber, 4 Or App 249 , 478 P2d 433 (1970).

Machuca-Ramirez v. Zephyr Engineering, Inc.

184 Or. App. 565 · Court of Appeals of Oregon · Oct 30, 2002

The board rejected that argument. … Relying principally on our decision in Duncan v. Liberty Northwest Ins.

In re the Marriage of Hickam

223 Or. App. 302 · Court of Appeals of Oregon · Oct 29, 2008

State v. Wyatt, 331 Or 335, 346-47 , 15 P3d 22 (2000). ORAP 5.45(1) provides that “[n]o matter claimed as error will be considered on appeal unless the claimed error was preserved in the lower court.” … State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). If the asserted error satisfies those criteria, we may then exercise our discretion to correct the error. Ailes v.

Hawkins v. State Accident Insurance Fund

34 Or. App. 63 · Court of Appeals of Oregon · May 8, 1978

The deference we "tend” to give to administrative expertise, which means the decision of the Workers’ Compensation Board, on the issue of the extent of disability, see Russell v. … When we are satisfied that the preponderance of the evidence points to a result different than that reached by the Board on the question of the extent of disability, we do not defer. See Owen v.

State v. Dempsey

337 Or. App. 515 · Court of Appeals of Oregon · Jan 29, 2025

Brown, Judge. Submitted December 13, 2024. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Nora Coon, Deputy Public Defender, Oregon Public Defense Commission, filed the brief for appellant. … See, e.g., State v. Yother, 310 Or App 563, 484 P3d 1098 (2021) (deciding matter submitted through Balfour process by two-judge panel); Ballinger v.

LeFave v. SAIF Corp.

203 Or. App. 108 · Court of Appeals of Oregon · Dec 7, 2005

PER CURIAM Claimant seeks judicial review of an order of the Workers’ Compensation Board that reversed an award of attorney fees to claimant. … While this case was pending on appeal, this court decided Rose v.

State v. Nuttall

97 Or. App. 285 · Court of Appeals of Oregon · Jun 21, 1989

State v. Villagran, 294 Or 404 , 409 n 3, 657 P2d 1223 (1983). … State v. Diaz, 29 Or App 523, 527 , 564 P2d 1066 (1977). (Emphasis supplied.) In State v.

Diesel v. Jackson County

284 Or. App. 301 · Court of Appeals of Oregon · Mar 8, 2017

Petitioner, a resident of Jackson County, testified against the ordinance before the county board of commissioners. … See Federal Controlled Substances Act, 21 USC § 801 et seq.; Gonzales v. Raich, 545 US 1, 29 , 125 S Ct 2195 , 162 L Ed 2d 1 (2005); United States v.

Falk v. Amsberry

53 Or. App. 735 · Court of Appeals of Oregon · Aug 31, 1981

Estep v. Bailey, supra, 94 Or at 65 ; see also, Brown v. Jones et al, 130 Or 424 , 278 P 981 (1929). … A contrary statement is found in Brown v. Jones et al, supra, where the court, without mentioning Jones v.

Carlile v. Greeninger

35 Or. App. 51 · Court of Appeals of Oregon · Jul 5, 1978

The circuit court reversed the Board and remanded the case for the payment of claimant’s claim. Claimant and a friend, Mr. … Woody v. Waibel, supra; Marcum v. SAIF, supra; Louvring v. Excel Logging Co., 280 Or 463 , 573 P2d 266 (1977).

Emmert v. City of Klamath Falls

135 Or. App. 209 · Court of Appeals of Oregon · Jun 28, 1995

Claimant challenges each of the Board’s conclusions. Only the first challenge, that the Board erred in concluding that employer did not accept claimant’s coronary artery disease in 1981, merits discussion. In Bauman v. … Claimant relies on Georgia Pacific v.

Ristick v. Employment Division

55 Or. App. 990 · Court of Appeals of Oregon · Feb 8, 1982

Bell v. Emp. Div., 37 Or App 843, 850 , 588 P2d 654 (1978). … See, e.g., VanHorn v. Employment Div., 26 Or App 63 , 552 P2d 264 , rev den (1976); Diamond Fruit v. Employment Div., 26 Or App 617 , 553 P2d 1080 (1976).

Creighton v. Employment Division

47 Or. App. 1139 · Court of Appeals of Oregon · Aug 25, 1980

McDevitt v. Employment Division, 27 Or App 253 , 555 P2d 937 (1976). * * *” Kovach v. Employment Division, 35 Or App 609, 615 , 582 P2d 460 (1978). 1 *1143 Claimant did not apply for the 1979-80 teaching position. … On appeal, claimant notes that the Division has not adopted a rule interpreting ORS 657.176(3)(b), and argues that the Division must adopt such a rule to guide the referees and the Board. See McPherson v.

Pioneer Trust Bank, N.A. v. Mental Health Division

87 Or. App. 132 · Court of Appeals of Oregon · Sep 2, 1987

No. 48 v. Fair Dis. App. … Steamboaters v.

Allen v. State Accident Insurance Fund

29 Or. App. 631 · Court of Appeals of Oregon · Jun 1, 1977

The hearings officer and the Workmen’s Compensation Board held that it did not; the circuit court, reversing the Board, held that it did, and the State Accident Insurance Fund appeals. … In Walker v.

Williams v. West Coast Grocery

146 Or. App. 553 · Court of Appeals of Oregon · Mar 5, 1997

On review, the Board reversed. … have applied the “material contributing cause” 2 standard because his current condition was caused directly, although belatedly, by his on-the-job injury, see Albany General Hospital v. *557 Gasperino, 113 Or App 411 , 833

State v. Kephart

249 Or. App. 360 · Court of Appeals of Oregon · Apr 18, 2012

Citing State v. … Otherwise the board shall deny the relief sought in the petition.”