Case law

State v. Marmon

143 Or. App. 315 · Court of Appeals of Oregon · Aug 28, 1996

State v. Allison, 143 Or App 241 , 923 P2d 1224 (1996); State v. Brown, 143 Or App 263 , 923 P2d 1236 (1996). Leeson, J., concurring.

State v. Tracy

116 Or. App. 329 · Court of Appeals of Oregon · Nov 12, 1992

State v. Enos, 114 Or App 208 , 836 P2d 1347 (1992); State v. Markham, 114 Or App 5 , 836 P2d 1348 (1992). Affirmed. … ORAP 5.45(2); State v. Brown, 310 Or 347 , 800 P2d 259 (1990). The state correctly notes that the limits also complied with those for consecutive sentences under OAR 253-12-020.

State v. Sturgill

116 Or. App. 390 · Court of Appeals of Oregon · Nov 12, 1992

State v. Brown, 115 Or App 327 , 838 P2d 624 (1992); State v. Harding, 116 Or App 29 , 840 P2d 113 (1992).

Jacobson v. State Accident Insurance Fund

36 Or. App. 789 · Court of Appeals of Oregon · Oct 30, 1978

The referee determined that he had done so, and the Workers’ Compensation Board (Board) reversed. The injury to which this aggravation claim relates occurred on November 18, 1973. … His primary argument is that his situation is an "uncomplicated” one within the meaning of Uris v.

Granby v. Weyerhaeuser Co.

91 Or. App. 711 · Court of Appeals of Oregon · Jun 22, 1988

PER CURIAM Claimant seeks review of an order of the Workers’ Compensation Board which reduced attorney fees awarded by the referee. He maintains that the Board lacked jurisdiction to modify the award. … Employer sought review by the Workers’ Compensation Board of the attorney fees award but not the finding of compensability. The Board reduced the award. In Greenslitt v.

Miller v. City of Portland

255 Or. App. 771 · Court of Appeals of Oregon · Mar 27, 2013

Ayres v. Board of Parole, 194 Or App 429, 436 , 97 P3d 1 (2004) (quoting Marbet v. Portland Gen. Elect., 277 Or 447, 456 , 561 P2d 154 (1977)). … However, we touched on the concept in the context of Oregon administrative law in Taylor v. Board of Parole, 200 Or App 514 , 115 P3d 256 , rev den, 339 Or 475 (2005).

Answorth, Inc. v. OLCC

344 Or. App. 470 · Court of Appeals of Oregon · Oct 29, 2025

Board of Parole, 356 Or 186, 195, 335 P3d 828 (2014) (quoting Ross v. Springfield School Dist. No. 19, 294 Or 357, 370, 657 P2d 188 (1982)). … T. v.

Wardell v. Employment Division

23 Or. App. 188 · Court of Appeals of Oregon · Oct 28, 1975

See, Possehl v. Employment Division, 23 Or App 189 , 541 P2d 1062 (decided this date); Evjen v. Employment Division, 22 Or App 372 , 539 P2d 662 (1975); Brown v. Employment Division, 22 Or App 382 , 539 P2d 666 (1975).

SAIF Corp. v. Buchanan

95 Or. App. 573 · Court of Appeals of Oregon · Mar 8, 1989

Armstrong v. Asten-Hill Co., 90 Or App 200, 205 , 752 P2d 312 (1988). … Armstrong v. Asten-Hill Co., supra. It lacks any explanation or reason of why the Board, on reconsideration, awarded permanent total disability after having originally granted only temporary total disability.

State v. Etchison

34 Or. App. 3 · Court of Appeals of Oregon · May 1, 1978

State v. Smith, 31 Or App 321 , 570 P2d 409 (1977); State v. Brown, 5 Or App 412 , 485 P2d 444 (1971).

Verment v. Nordstrom-Best

20 Or. App. 261 · Court of Appeals of Oregon · Feb 4, 1975

The hearing officer affirmed the denial as did the Workmen’s Compensation Board and the circuit court. Claimant appeals. While it is true that claimant’s treating doctor, Dr. Robert A. … While the 19-20 months’ lapse before mentioning his symptoms is not controlling, see Neathamer v. SAIF, 16 Or App 402 , 518 P2d 1051 (1974), it has some persuasion.

Wallace v. STATE EX REL. PERB

245 Or. App. 16 · Court of Appeals of Oregon · Aug 10, 2011

WALLACE, Plaintiff-Appellant, v. STATE of Oregon ex rel. PUBLIC EMPLOYEES RETIREMENT BOARD and Public Employees Retirement System; Public Employees Retirement Board; Paul R. … Ayres v.

Stewart v. Employment Division

28 Or. App. 779 · Court of Appeals of Oregon · Mar 21, 1977

Claimant appeals from a decision of the Employment Appeals Board finding claimant disqualified from benefits under ORS 657.176(2) (a), which provides that an individual shall be disqualified if he has been discharged for … Claimant says that at most he was negligent and argues that Geraths v. Employment Division, 24 Or App 201, 205 , 544 P2d 1066 (1976), and Babcock v.

Smith v. State Accident Insurance Fund

12 Or. App. 12 · Court of Appeals of Oregon · Jan 5, 1973

Boylan, 219 Or 448, 462-63 , 347 P2d 983 (1959); Stout v. … Jelleff, Inc. v. Braden, 233 F2d 671, 63 ALR2d 400 (DC Cir 1956); Cleary and Strong, Evidence 551, 552, ch 14(A) (1969).

Saif Corp. v. Calles

138 Or. App. 269 · Court of Appeals of Oregon · Dec 13, 1995

As we held in Volk v. American West Airlines, 135 Or App 565 , 899 P2d 746 (1995), the amendments are applicable to all cases pending in litigation or on appeal. … Accordingly, we reverse and remand this case to the Board for reconsideration in the light of the amendments. Reversed and remanded.

Oregon Insurance Guaranty Ass'n v. Hall

200 Or. App. 128 · Court of Appeals of Oregon · Jun 1, 2005

We review board orders for substantial evidence and errors of law, ORS 656.298(7); ORS 183.482(8)(a); Garcia v. Boise Cascade Corp., 309 Or 292 , 787 P2d 884 (1990). We reverse and remand. … The board reasoned that Reliance had accepted the claim and that under ORS 656.262(6)(a) it could not thereafter revoke acceptance. Relying on our decision in Taylor v.

Howard v. State Accident Insurance Fund Corp.

51 Or. App. 792 · Court of Appeals of Oregon · Apr 20, 1981

The evidence does not preponderate in favor of a different result than that reached by the Board. We defer to the expertise of the Board and its determination of the extent of claimant’s partial disability. Romero v. … Compensation Department, 250 Or 368 , 440 P2d 866 (1968) and Russell v. SAIF, 33 Or App 153 , 576 P2d 376 (1978). Affirmed.

Benton County v. Friends of Benton County

56 Or. App. 567 · Court of Appeals of Oregon · Mar 22, 1982

The Land Use Board of Appeals (LUBA) remanded the matter to the county after finding that the county violated its comprehensive plan and conditional use ordinance in granting the permit. … Multnomah County, supra, adopted from Hunt v. Washington Apple Advertising Comm’n., 432 US 333, 343 , 97 S Ct 2434 , 53 L Ed 2d 383 (1977).

State v. Deck

84 Or. App. 725 · Court of Appeals of Oregon · Apr 15, 1987

State v. Collins, 43 Or App 265 (1979); State v. Brown, 44 Or App 597 (1980). A remaining issue is whether witnesses who are sworn are restricted to giving testimony subject to the rules of evidence. State v. … See State v. Brown, supra, 44 Or App at 602 ; State v. Collins, supra; State v. McKinney, supra. 7 Conviction affirmed; sentence vacated; remanded for resentencing.

Thompson v. Department of Forestry

115 Or. App. 79 · Court of Appeals of Oregon · Aug 26, 1992

ORS 527.620(6), (10); see State v. Alder Creek Lumber Co., Inc., 33 Or App 195, 197 , 575 P2d 1020 (1978). … The Board did not err when it concluded that he was responsible for Ronald’s acts.