Case law

Gugler v. Baker County Education Service District

10 Or. Tax 315 · Oregon Tax Court · Nov 26, 1986

Where judgment must be exercised by the administrative board or body, the questioned decision must fall into the area of unreasonable before the court will overturn it. Rogue River Pack. v. … Stasher v. Harger-Haldeman, 58 Cal *327 2d 23, 372 P2d 649, 652 (1962), quoted in Dept. of Rev. v. Umatilla County, 10 OTR 309 (1986).

Kordon v. Mercer Industries

94 Or. App. 582 · Court of Appeals of Oregon · Jan 11, 1989

We affirm the Board’s denial, because there is substantial evidence supporting its order. ORS 656.298(6); Armstrong v. Asten-Hill Co., 90 Or App 200, 205 , 752 P2d 312 (1988). … A “cross-request” for review by the Board is the equivalent of an initiation of a request for review. Travis v. Liberty Mutual Ins., 79 Or App 126, 128 , 717 P2d 1269 , rev den 301 Or 445 (1986); see also Bohrer v.

Jeld-Wen, Inc. v. Bartz

142 Or. App. 433 · Court of Appeals of Oregon · Jul 31, 1996

Collateral attacks on final orders of the Board are not permitted. King v. Building Supply Discount, 133 Or App 179, 182-83 , 889 P2d 1310 (1995); Vanslyke v. … In Volk v.

Talley v. BCI Coca Cola Bottling

184 Or. App. 129 · Court of Appeals of Oregon · Oct 9, 2002

Citing *134 Harsh v. … board’s own motion jurisdiction. 2 By contrast, claims that are reopened under the board’s own motion authority are processed pursuant to the board’s administrative rules.

Foster Wheeler Corp. v. Marble

188 Or. App. 579 · Court of Appeals of Oregon · Jul 9, 2003

Roseburg Forest Products v. Long, 325 Or 305, 313 , 937 P2d 517 (1997). The dispute in this case centers on the board’s application of the LIER. … Apportionment could be appropriate if the board had concluded that none of claimant’s hearing loss could have been caused by working for employer. Cf. RLC Industries v.

State Tax Commission v. Consumers' Heating Co.

207 Or. 93 · Oregon Supreme Court · Mar 14, 1956

In cases like Weyerhaeuser Land Co. v. … The company relies on the following language employed by Justice Brown in a concurring opinion in the Smith case: “Believing that this court is not authorized to act as a board of assessors in the matter of the valuation

State Accident Insurance Fund Corp. v. James

61 Or. App. 30 · Court of Appeals of Oregon · Dec 22, 1982

In the first, we affirmed the Board’s original order that found claimant’s disability to be compensable. James v. SAIF, 44 Or App 405 , 605 P2d 1368 (1980). … In SAIF v.

Huggett v. Kelly

370 Or. 645 · Oregon Supreme Court · Dec 30, 2022

Petitioner appealed and her appeal was certified to the Supreme Court under ORS 19.405, along with two other similar cases, Watkins v. Ackley, (A176245)(S068825), and Jones v. Brown, (A175780)(S068824). … Held: (1) Under the Court’s analysis and decision in Watkins v.

Bay Area Hospital & Health Future Enterprises v. Landers

150 Or. App. 154 · Court of Appeals of Oregon · Sep 17, 1997

The Board concluded that: (1) employer did not accept the chondromalacia patella condition when it accepted her original injury claim; but, (2) under Deluxe Cabinet Works v. … Thus, the Board’s holding was premised on our analysis in Messmer II.

Liberty Northwest Ins. Corp. v. Stapleton

192 Or. App. 312 · Court of Appeals of Oregon · Feb 25, 2004

Claimant cites Avalos v. Bowyer, 89 Or App 546, 549 , 749 P2d 1224 (1988), and Krajacic v. … This argument, however, was not raised before the board on remand and we will not consider it, for the first time, on judicial review. ORAP 5.45; State v.

Goodwin v. Employment Division

35 Or. App. 299 · Court of Appeals of Oregon · Jul 18, 1978

Petitioner seeks reversal of a decision of the Employment Appeals Board (Board) denying her unemployment benefits. … Shed Cafe v. Employment Div., 30 Or App 639 , 567 P2d 617 (1977); Geraths v. Employment Division, 24 Or App 201, 204 , 544 P2d 1066 (1976). Ordinarily a single instance of misconduct would not disqualify a claimant.

Evangelical Lutheran Good Samaritan Society v. Bonham

176 Or. App. 490 · Court of Appeals of Oregon · Sep 12, 2001

The Board found that it was not, but employer argues that it was. Whether claimant’s herniated disc constituted a new medical condition is a question of fact for the Board to determine. SAIF v. … Tull, 113 Or App 449 , 832 P2d 1271 (1992) (what is a condition is a question of fact that the Board must decide). See also Ware v.

White v. Reyes

335 Or. App. 124 · Court of Appeals of Oregon · Sep 18, 2024

Union Oil Co. v. Board of Co. Comm. of Clack. Co., 81 Or App 1, 6, 724 P2d 341 (1986) (rejecting petitioner’s attempt to treat tests and factors from the same opinion as “wholly independent” of each other). … Penrod/Brown v. Cupp, 283 Or 21, 581 P2d 934 (1978). In Penrod/Brown, we explained that the additional restraints created a “prison within a prison” from which the adult in custody could seek release. Id. at 25.

Saif Corp. v. Scardi

218 Or. App. 403 · Court of Appeals of Oregon · Mar 12, 2008

(citing Savin Corp. v. … See, e.g., First Interstate Bank v.

Allied Waste Industries, Inc. v. Crawford

203 Or. App. 512 · Court of Appeals of Oregon · Dec 28, 2005

Dietz v. Ramuda, 130 Or App 397, 401 , 882 P2d 618 (1994), rev dismissed, 321 Or 416 (1995). As we explained in SAIF v. … Kenimer, 183 Or App at 138 ; see also Worldmark The Club v.

Whitlock v. Klamath County School District

142 Or. App. 137 · Court of Appeals of Oregon · Jul 3, 1996

That emphasis may well have skewed the Board’s passing consideration of the preparation demands of the social studies position. Accord Magana v. … See Ross v. Springfield School Dist. No. 19, 294 Or 357, 370 , 657 P2d 188 (1982). Accordingly, we reverse and remand for the Board to address that question.

Atchley v. GTE Metal Erectors

149 Or. App. 581 · Court of Appeals of Oregon · Sep 10, 1997

However, citing Lebanon Plywood v. Seiber, 113 Or App 651 , [ 833 P2d 1367 ] (1992), the ALJ declined to award further [temporary] benefits.” The Board affirmed the ALJ’s decision. … Similarly, in Anodizing, Inc. v. Heath, 129 Or App 352 , 879 P2d 218 (1994), the employer appealed an order of *585 the Board awarding the claimant temporary disability benefits.

Dennis Uniform Manufacturing v. Teresi

115 Or. App. 248 · Court of Appeals of Oregon · Sep 16, 1992

In Priest v. … Under the rationale of Runft v.

Dean Warren Plumbing & Liberty Northwest Insurance v. Brenner

150 Or. App. 422 · Court of Appeals of Oregon · Oct 15, 1997

See State v. … See Deluxe Cabinet Works v.

Barrow v. School Dist. No. 8

83 Or. 272 · Oregon Supreme Court · Mar 6, 1917

In Stackpole v. … It was approved there so far as it relates to a claim upon a contract: See, also: Philomath v. Ingle, 41 Or. 289 ( 68 Pac. 803 ); Richardson v. City of Salem, 51 Or. 125 ( 94 Pac. 34 ).