Case law

Shores v. Russ' Day-N-Nite

122 Or. App. 578 · Court of Appeals of Oregon · Aug 25, 1993

Claimant seeks review of a Workers’ Compensation Board order that reinstated insurer’s denial of her aggravation claim for a back condition. … The Board said: “In order to establish a compensable aggravation, claimant must prove a worsened condition resulting from the industrial injury. ORS 656.273(1); Perry v. SAIF, 307 Or 654 [, 772 P2d 418 ] (1989).

Nygaard Logging Co. v. State ex rel. Department of Consumer & Business Services

165 Or. App. 90 · Court of Appeals of Oregon · Jan 19, 2000

We conclude that, given our interpretation of ORS 654.293 in OR-OSHA v. Eslinger Logging, Inc., 156 Or App 519 , 967 P2d 889 (1998), rev den 328 Or 418 (1999), the trial court erred in both respects. … ORS 654.130(1) provides: “The Director of the Department of Consumer and Business Services or the Workers’ Compensation Board, or the authorized representative or desig-nee of the director or the board before whom testimony

Harkness v. SAIf Corp.

171 Or. App. 329 · Court of Appeals of Oregon · Dec 6, 2000

He contends that the Board erred in affirming SAIF’s denial of coverage because its denial was premature under our holding in Croman Corp. v. Serrano, 163 Or App 136 , 986 P2d 1253 (1999). … Because the Board did not make a finding as to whether acceptance occurred before the denial in question, we remand for reconsideration. Blamires v. Clean Pak Systems, Inc., 171 Or App 263 , 15 P3d 101 (2000).

SAIF Corp. v. Bement

109 Or. App. 387 · Court of Appeals of Oregon · Oct 30, 1991

Nevertheless, the Board reversed the referee and awarded claimant 10% PPD. To support its order, it relied on Gwynn v. SAIF, 304 Or 345 , 745 P2d 775 (1987), and International Paper Co. v. … Sess.), ch 2, § 20). 2 The Board reads International Paper Co. too literally.

Liberty Northwest Insurance v. Watkins

224 Or. App. 599 · Court of Appeals of Oregon · Dec 24, 2008

No. 1 v. … Stephens v.

State v. Montgomery

256 Or. App. 222 · Court of Appeals of Oregon · Apr 17, 2013

Brown, 297 Or 404 , 687 P2d 751 (1984), and O’Key, 321 Or 285 , the trial court should have excluded that evidence. … See State v.

Quackenbush v. Rogue Valley Medical Center

151 Or. App. 800 · Court of Appeals of Oregon · Dec 24, 1997

PER CURIAM Claimant seeks review of a decision of the Workers’ Compensation Board in which the Board reduced claimant’s unscheduled permanent partial disability award from 36 percent to 28 percent. … Wall v. Raising Preschool, Inc., 126 Or App 170, 171 , 866 P2d 525 (1994). Affirmed.

Cogswell v. SAIF Corp.

74 Or. App. 234 · Court of Appeals of Oregon · Jul 3, 1985

The Board agreed and affirmed the referee’s order. Claimant has the burden to establish good cause for failure to file within the statutory time. See Wamsher v. Brooks Products, 26 Or App 835 , 554 P2d 573 (1976). … See Wamsher v. Brooks Products, supra. As claimant testified: “This whole thing, like I said, has not been up front in my mind.

Bannister v. Longview Fibre Co.

134 Or. App. 332 · Court of Appeals of Oregon · May 17, 1995

Subsequently, after a hearing at the beginning of trial, he court concluded that plaintiffs failure to register with the Construction Contractors Board (Board) barred his contract claim, and judgment was entered for defendant … Plaintiff relies on Georgetown Realty v. The Home Ins.

Compensation of the Beneficiaries of Mawhinney v. State Accident Insurance Fund

43 Or. App. 819 · Court of Appeals of Oregon · Dec 24, 1979

Coday v. Willamette Tug & Barge, 250 Or 39 , 440 P2d 224 (1968). Both are questions of fact. Foley v. SAIF, 29 Or App 151 , 562 P2d 593 (1977). … Brenner v. Industrial Indemnity Co., 30 Or App 69 , 566 P2d 530 (1977).

State v. Jones

31 Or. App. 399 · Court of Appeals of Oregon · Oct 24, 1977

Brown v. Multnomah County Dist. Ct., 280 Or 95 , 570 P2d 52 (1977).

LITTLE WHALE COVE HOMOWNERS v. Harmon

162 Or. App. 332 · Court of Appeals of Oregon · Aug 11, 1999

Lumbermen's v. Dakota Ventures, 157 Or.App. 370, 375 , 971 P.2d 430 (1998). … Compare Lewis v. Dept. of Rev., 294 Or. 139, 143 , 653 P.2d 1265 (1982) (recognizing that a prayer specifically requesting attorney fees puts the other party on notice) with McNeely v.

Luedtke v. Greene

72 Or. App. 178 · Court of Appeals of Oregon · Feb 6, 1985

The Board remanded the case to the referee to determine whether Luedtke is a noncomplying employer. Luedtke seeks judicial review of the Board’s holding Luedtke responsible for claimant’s condition. It cites Price v. … See Dean v. SAIF, 72 Or 16 , 695 P2d 90 (1985). Motion granted; motion for judicial review dismissed.

Moody v. Liberty Northwest Insurance

108 Or. App. 101 · Court of Appeals of Oregon · Jul 3, 1991

Because we conclude that the Board did not misapply the law and because there is substantial evidence to support the Board’s order, we affirm. … See Gwynn v. SAIF, 304 Or 345 , 745 P2d 775 (1986).

Wilcox v. Oregon State Penitentiary

22 Or. App. 622 · Court of Appeals of Oregon · Sep 23, 1975

See, Brown v. OSP, 22 Or App 522 , 540 P2d 386 (1975). PER CURIAM.

Gould v. Deschutes County

216 Or. App. 150 · Court of Appeals of Oregon · Nov 7, 2007

Because LUBA’s opinion and order concluded that the county’s justification was adequate despite those deficiencies, the board’s decision was “unlawful in substance.” Nevertheless, relying in part on Meyer v. … Id. at 280 (citations omitted); see also Paterson v.

State ex rel. Juvenile Department v. L.

24 Or. App. 257 · Court of Appeals of Oregon · Feb 3, 1976

In Norman v. … Following the rationale of Norman v. Van Elsberg, supra, and Children’s Services Div v.

Dillon v. Cardio-Kinetics, Inc.

52 Or. App. 627 · Court of Appeals of Oregon · Jun 1, 1981

The jurisdiction of the trial court is not challenged and we note Nieminen v. … Klinker v. Klinker, 132 Cal App 2d 687, *632 283 P2d 83, 88 (1955); Advanced Management Research, Inc. v. Emanuel, 439 Pa 385, 266 A2d 673, 676 (1970); Brown v. Brown, 135 W Va 579, 64 SE2d 620, 627 (1951). * *

Davis v. Nye Ditch Users Improvement District

247 Or. App. 266 · Court of Appeals of Oregon · Dec 14, 2011

See, e.g., City of Keizer v. … See also Miller v.

Do Mun Kim v. Multnomah County

138 Or. App. 417 · Court of Appeals of Oregon · Jan 3, 1996

No. 1J, 303 Or 1 , 734 P2d 1326 (1987). 3 See Division of Corrections v. Neakok, 721 P2d 1121 (Alaska 1986); Sterling v. Bloom, 111 Idaho 211 , 723 P2d 755 (1986); Taggart v. … State, 118 Wash 2d 195, 822 P2d 243 (1992). 4 See Grimm v. Arizona Bd. of Pardons & Paroles, 115 Ariz 260, 564 P2d 1227 (1977); Seibel v. City & County of Honolulu, 61 Haw 253, 602 P2d 532 (1979); Mathes’ Estate v.