Case law

Mount Hood Community College Ex Rel. K & H Drywall, Inc. v. Federal Insurance

199 Or. App. 146 · Court of Appeals of Oregon · Apr 13, 2005

See Weatherspoon v. Allstate Ins. … Frederick v. Douglas Co. et al., 176 Or 54, 63-64 , 155 P2d 925 (1945); see also Greeninger v.

State v. Coverstone

260 Or. App. 714 · Court of Appeals of Oregon · Jan 29, 2014

State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). We analyze the claim of error based on “the law existing at the time the appeal is decided” and not when the error occurred. State v. … State v. Kanuch, 231 Or App 20, 24 , 217 P3d 1082 (2009). In State v.

Matter of Compensation of Bracke

51 Or. App. 627 · Court of Appeals of Oregon · Apr 13, 1981

We reverse and remand to the Board for further proceedings. … See Colwell v. Trotman, 47 Or App 855 , 615 P2d 1094 (1980). 2 See n 1, supra.

State v. Simmelink

64 Or. App. 465 · Court of Appeals of Oregon · Aug 31, 1983

See State v. Jones, 279 Or 55 , 566 P2d 867 (1977). … See, e.g., In re Rook, 276 Or 695 , 556 P2d 1351 (1976); In re Barnes, 281 Or 375 , 574 P2d 657 (1981); see also Brown v. Oregon State Bar, 293 Or 446, 451 , 648 P2d 1289 (1982).

Intel Corp. v. Batchler

267 Or. App. 782 · Court of Appeals of Oregon · Dec 24, 2014

(the board) held below. … See Severy v. Board of Parole, 318 Or 172, 178 , 864 P2d 368 (1993). We begin our analysis with the text of ORS 656.268(10).

Taylor v. State Accident Insurance Fund

26 Or. App. 73 · Court of Appeals of Oregon · Jul 19, 1976

The board, upon review, reduced the referee’s award to 50 per cent permanent partial disability. The circuit court, upon appeal, affirmed the board’s award, and claimant appeals to this court. … Swanson v. Westport Lumber Co., 4 Or App 417, 479 P2d 1005 (1971), and second that in this case the referee found her testimony credible and thus under the rule of Hannan v.

Saif Corp. v. Wolff

151 Or. App. 398 · Court of Appeals of Oregon · Nov 26, 1997

In this case, the Board relied on those cases and held that a 1981 determination order awarding benefits for permanent partial disability of claimant’s left leg included an award for osteochondritis dessicans and precluded … See Volk v. America West Airlines, 135 Or App 565 , 899 P2d 746 (1995).

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.

SAIF Corp. v. Silvernail

110 Or. App. 560 · Court of Appeals of Oregon · Jan 8, 1992

In Aetna Casualty v. … Board’s alternate finding without claimant’s concession.

Oregon Occupational Safety & Health Division v. Mad Creek Logging

123 Or. App. 453 · Court of Appeals of Oregon · Oct 6, 1993

The Workers’ Compensation Board’s referee’s order is considered to be the final order of the Board. We reverse the Board in part, and remand for reconsideration. … See, e.g., Secretary v. Bechtel Corp., 2 OSH 1336, 1337 (1974).

C.W. McCallen Construction Co. v. MacDonald

172 Or. App. 738 · Court of Appeals of Oregon · Feb 28, 2001

Redman Industries, Inc. v. Lang, 326 Or 32, 38 , 943 P2d 208 (1997) (emphasis in original). Employer argues that Kessen v. … See, e.g., Irvington Transfer v.

Tiner v. Premo

284 Or. App. 59 · Court of Appeals of Oregon · Mar 1, 2017

See Jackson v. Brown, 513 F3d 1057 (9th Cir 2008); see also Kyles, 514 US at 436 (stating that materiality should be considered “collectively, not item by item”). B. … See Morris v.

Roseburg Forest Products v. Glenn

155 Or. App. 318 · Court of Appeals of Oregon · Aug 5, 1998

Because we agree with employer that the Board committed legal errors in its weighing of the evidence, we reverse the Board’s order and remand the case for reconsideration. … See Somers v. SAIF, 77 Or App 259, 263 , 712 P2d 179 (1986); Terry Myers, 48 Van Natta 1039 (1996); Marta I. Gomez, 46 Van Natta 1654 (1993).

SAIF Corp. v. Vinson

125 Or. App. 684 · Court of Appeals of Oregon · Jan 5, 1994

Under the Supreme Court’s holding in SAIF v. … We reverse the Board’s order and remand for reconsideration in the light of SAIF v. Drews, supra. Reversed and remanded for reconsideration.

Wright v. Scappoose School District No. IJ

25 Or. App. 103 · Court of Appeals of Oregon · Apr 12, 1976

Brown v. Siemens, 117 Or 583, 590 , 245 P 510 (1926). Many cases, primarily Smith v. Cooper, 256 Or 485, 488 , 475 P2d 78 , 45 ALR3d 857 (1970), approve of raising the immunity defense by way of a demurrer. … Cooper, 256 Or 485 , 475 P2d 78 (1970); Keeland v. Yamhill County, 24 Or App 85 , 545 P2d 137 (1976); Baker v. State Bd. of Higher Education, 20 Or App 277 , 531 P2d 716 , Sup Ct review denied (1975); Lanning v.

Clark v. Grinnell Fire Protection

174 Or. App. 114 · Court of Appeals of Oregon · May 9, 2001

Claimant seeks review of an order of the Workers’ Compensation Board (Board) upholding employer’s denial of his claim on the ground that it is not compensable. We affirm. The Board found the following facts. … Claimant argued that his claim was controlled by our opinion in Freightliner Corporation v.

Lasley v. Saif Corp.

165 Or. App. 634 · Court of Appeals of Oregon · Mar 1, 2000

Specifically the Board said: “Claimant relies on the opinion of Dr. … In Koskela v.

Freeman v. Stuart

203 Or. App. 191 · Court of Appeals of Oregon · Dec 14, 2005

Seidel v. Time Ins. Co., 157 Or App 556, 560 , 970 P2d 255 (1998). … Payless Drug Stores v. Brown, 300 Or 243, 246 , 708 P2d 1143 (1985).

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.

Stein v. Beta Rho Alumni Ass'n, Inc.

49 Or. App. 965 · Court of Appeals of Oregon · Dec 22, 1980

be ex-officio members of the Board of Trustees.” … The board portion of the payments was kept by the local chapter and used to pay current expenses. The salaries of the officers of the local chapter in the form of reduction of room and board were set by its membership.