Case law

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.

Jones v. Sherrell Chevrolet

117 Or. App. 490 · Court of Appeals of Oregon · Dec 30, 1992

See Harris v. SAIF, 292 Or 683, 690 , 642 P2d 1147 (1982). Claimant argues that the evidence is insufficient, because there is no evidence in the record of the duration or character of his employment. In Tee v. … Because this case involves the same issue as Tee v. Albertsons, Inc., supra, we remand it to the Board for reconsideration in light of that opinion.

Mosley v. Owens

108 Or. App. 685 · Court of Appeals of Oregon · Sep 11, 1991

Myers v. Cessna Aircraft, 275 Or 501, 519 , 553 P2d 355 (1976). Accordingly, we review for abuse of discretion. State v. Caulder, 75 Or App 457, 460 , 706 P2d 1007 , rev den 300 Or 451 (1985). … , Oregon, because there is a “national standard of care” that is applicable to all ‘otolaryngologists certified by the American Board of Otolaryngology.

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.

Middleton v. State Accident Insurance Fund

31 Or. App. 313 · Court of Appeals of Oregon · Oct 24, 1977

McKinney v. SAIF, 22 Or App 602 , 540 P2d 393 (1975); Friesen v. Gould, Inc., 18 Or App 120 , 523 P2d 1285 (1974). … Marston v. Compensation Department, 252 Or 640 , 452 P2d 311 (1969); Hart v. SAIF, 31 Or App 181 , 570 P2d 92 (1977).

Harris v. Ireland Trucking

115 Or. App. 692 · Court of Appeals of Oregon · Oct 21, 1992

He also asserts that the Board had no jurisdiction to authorize the offset, because SAIF never appealed the determination order and claim preclusion bars it from asserting an offset. *695 In Drews v. … See Forney v. Western States Plywood, 66 Or App 155, 158, 672 P2d 1376 (1983), aff’d on other grounds 297 Or 628 , 686 P2d 1027 (1984). We conclude that OAR 436-60-170 authorizes the Board to grant the offset. Affirmed.

State v. Roberts

295 Or. App. 670 · Court of Appeals of Oregon · Jan 16, 2019

ORS 163.205(1)(b)(D) ; State v. Browning , 282 Or. … Kate Brown).

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.

Alexander v. Johnson

164 Or. App. 235 · Court of Appeals of Oregon · Nov 24, 1999

See Ailes v. Portland Meadows, Inc., 312 Or 376, 381-82 , 823 P2d 956 (1991). … State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990). We conclude, moreover, that this is an appropriate case in which to exercise our discretion to address unpreserved plain errors.

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.

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).

Kite Ranches, Inc. v. Shipsey

53 Or. App. 833 · Court of Appeals of Oregon · Sep 8, 1981

The requested changes were approved on July 18, 1978, by the Planning Commission, and on September 21, 1978, by the Board of County Commissioners. Thereafter, plaintiffs petitioned for review before LCDC. … Dean v. Exotic Veneers, Inc., 271 Or 188, 192 , 531 P2d 266 (1975).

State ex rel. Coastal Management, Inc. v. Washington County

178 Or. App. 280 · Court of Appeals of Oregon · Dec 5, 2001

Reeves Corp. v. … See Ortwein v.

Weyerhaeuser Co. v. Bettin

84 Or. App. 140 · Court of Appeals of Oregon · Feb 25, 1987

The Board, on its own motion, is not authorized to award such benefits without that finding. … See Gwynn v. SAIF, 84 Or App 67 , 733 P2d 895 (1987). Affirmed.

Alltucker v. City of Salem

164 Or. App. 643 · Court of Appeals of Oregon · Dec 29, 1999

On appeal, the Board reinstated the city’s denial, relying on the “going and coming rule.” … Krushwitz v. McDonald’s Restaurants, 323 Or 520, 526 , 919 P2d 465 (1996). ORS 656.005(7)(a) defines a compensable injury as one “arising out of and in the course of employment.” In Rogers v.

Carroll v. Department of Public Safety Standards & Training

285 Or. App. 556 · Court of Appeals of Oregon · May 17, 2017

Murphy v. … See Read v. Oregon Medical Board, 244 Or App 603, 615 , 260 P3d 771 (2011) (assessment of costs as civil penalty subject to review for abuse of discretion under ORS 183.482(8)).

Maxwell v. Lane County

179 Or. App. 409 · Court of Appeals of Oregon · Feb 6, 2002

We reviewed Yamhill County v. Ludwick, 294 Or 778 , 663 P2d 398 (1983), McKay Creek Valley Assn. v. … See Carlson v.

Schaad v. Lorenz

69 Or. App. 16 · Court of Appeals of Oregon · Aug 31, 1984

State Land Board v. Sovenko, et al, 202 Or 571, 574-76 , 277 P2d 781 (1954). In order for the prevailing party to recover attorney fees, the suit must have resulted in an increase in the estate or trust assets. … In Stout 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.