Case law

Mayes v. Boise Cascade Corp.

46 Or. App. 333 · Court of Appeals of Oregon · May 27, 1980

In Mikolich v. State Ind. Acc. … In Ward v.

Hopkins v. Kobos Co.

186 Or. App. 273 · Court of Appeals of Oregon · Feb 5, 2003

The Workers’ Compensation Board (board) concluded that claimant was not Kobos’s “worker” and denied his claim. … Corp. v. Church, 106 Or App 477, 481 , 808 P2d 106 , rev den, 312 Or 16 (1991). A claimant bears the burden of establishing the existence of the employment relationship. Konell v.

State v. Fernandez

Court of Appeals of Oregon · Jul 31, 2024

Or Laws 1989, ch 790, § 21; State v. … Id. at 192; see also State v.

State v. Ayala

301 Or. App. 171 · Court of Appeals of Oregon · Dec 4, 2019

The state concedes that, under State v. Noe, 242 Or App 530, 256 P3d 166 (2011), the verdicts on these offenses should merge. We accept the state’s concession on that point. … See State v. Trickel, 270 Or App 250, 347 P3d 344 (2015); State v. Brown, 263 Or App 751, 752, 330 P3d 1249 (2014). Again, we agree. We therefore exercise our discretion to review for the reasons set forth in State v.

Rubalcaba v. Nagaki Farms, Inc.

333 Or. 614 · Oregon Supreme Court · Apr 11, 2002

In Louvring v. … S-W Floor Cover Shop v. Nat’l. Council on Comp.

State Ex Rel. Robeson v. Oregon State Bar

291 Or. 505 · Oregon Supreme Court · Aug 14, 1981

We see nothing in the requirement to provide security for clients that would “unduly burden or substantially interfere with the judiciary,” Sadler v. … For a premise for this assertion, petitioner relies on two decisions from the early years of “substantive due process,” Dent v. West Virginia, 129 US 114 , 9 S Ct 231 , 32 L Ed 623 (1889) and Douglas v.

Cook v. State

9 Or. App. 224 · Court of Appeals of Oregon · Apr 7, 1972

See, e.g., Kramer v. Union Free School District, 395 US 621, 627 , 89 S Ct 1886 , 23 L Ed 2d 583 (1969); Harper v. … . * * *” Skinner v.

Buss v. SAIF Corp.

182 Or. App. 590 · Court of Appeals of Oregon · Jul 17, 2002

To the extent that these cases may seem contrary to language in Weckesser v. Jet Delivery Systems, 132 Or App 325 [, 888 P2d 127 ] (1995), the Board’s decisions are more recent and must be followed. … Accordingly, we reverse and remand for the Board to offer an explanation for its disposition. See SAIF v. January, 166 Or App 620, 626 , 998 P2d 1286 (2000). Reversed and remanded for reconsideration.

Ebbtide Enterprises v. Tucker

81 Or. App. 109 · Court of Appeals of Oregon · Sep 10, 1986

The responsibility question was nevertheless subject to the Board’s de novo review. See Destael v. Nicolai Co., 80 Or App 596 , 723 P2d 348 (1986). … Industrial Indemnity Co. v. Kearns, 70 Or App 583 , 690 P2d 1068 (1984); see also Boise Cascade Corp. v. Starbuck, 296 Or 238 , 675 P2d 1044 (1984).

In Re Complaint as to the Conduct of Langley

230 Or. 319 · Oregon Supreme Court · Mar 28, 1962

Langley forfeited his office, does not require proof of improper motives in order to sustain a conviction, the judgment in State v. … See Elkins v. United States, 364 US 206 , 80 S Ct 1437 , 4 L Ed2d 1669 (1960). ② ORS 41.910. Evidence of communications obtained in certain manner not admissible.

SAIF Corp. v. Nehl

149 Or. App. 309 · Court of Appeals of Oregon · Jul 23, 1997

SAIF Corporation moves for reconsideration of our previous opinion, SAIF v. … We allow the motion to clarify our opinion and to respond to SAIF’s argument that our opinion in this case is inconsistent with our opinion in Robinson v.

White v. the Boldt Company

212 Or. App. 59 · Court of Appeals of Oregon · Apr 11, 2007

The board affirmed. On judicial review, claimant argues that the board erred as a matter of law in applying the major contributing cause standard to determine the compensability of his injury. … ORS 656.005(7)(a); Olsen v. State Ind. Acc. Com., 222 Or 407, 414 , 352 P2d 1096 (1960); Albany General Hospital v.

State v. Soriano

68 Or. App. 642 · Court of Appeals of Oregon · Jun 13, 1984

THE FEDERAL ABANDONMENT OF TRANSACTIONAL IMMUNITY Brown v. … Ex Parte Rowe, 7 Cal 184 (1857); People v. Sharp, supra, n 4, 107 NY at 442 ; Brown v. Walker, 161 US 591, 598 , 16 S Ct 644 , 40 L Ed 819 (1896); but see Brown v.

State v. Williams

322 Or. 620 · Oregon Supreme Court · Mar 8, 1996

See also Dowling v. … See, e.g., State v. Brown, 310 Or 347, 355 , 800 P2d 259 (1990) (applying rule). No error apparent on the face of the record is presented here.

Everding & Farrell v. Gebhardt Lumber Co.

90 Or. 207 · Oregon Supreme Court · Oct 15, 1918

The affidavit further states that an immense volume of business was before the board, and that the services of counsel were constantly required both by the board at its headquarters and in affiant’s own office, and leaves … Zingsen, 7 Or. 137 ; Odell v. Gotfrey, 13 Or. 466 ( 11 Pac. 190 ); Henness v. Wells, 16 Or. 266 ( 19 Pac. 121 ); Taylor v. Lapham, 41 Or. 479 ( 69 Pac. 439 ); Dowell v. Bolt, 45 Or. 89 ( 75 Pac. 714 ).

Devin Oil Co., Inc. v. Morrow County

236 Or. App. 164 · Court of Appeals of Oregon · Jun 30, 2010

Wetherell v. Douglas County, 209 Or App 1, 4 , 146 P3d 343 (2006). … Younger v. City of Portland, 305 Or 346, 359 , 752 P2d 262 (1988).

Pierce v. Douglas School District No. 4

60 Or. App. 285 · Court of Appeals of Oregon · Nov 10, 1982

to the school board. … Because petitioner’s offer was revocable, she could revoke it before the board accepted it. See, e.g., Alexander v. Alabama State Tenure Com’n, supra.

Collins v. Fitzwater

277 Or. 401 · Oregon Supreme Court · Mar 3, 1977

See Black and Co. v. Nova-Tech, Inc., 333 F Supp 468, 471-72 (D Or 1971); Fulton v. White Motor Corp., supra at 210; Ward v. Arnold, 52 Wash 2d 581, 328 P2d 164, 166 (1958); Modica v. … Co. v.

Nix v. Freightliner Corp.

145 Or. App. 560 · Court of Appeals of Oregon · Jan 22, 1997

Employer contends that the Board’s decision is compelled by our decision in Volk v. America West Airlines, 135 Or App 565 , 899 P2d 746 (1995), rev den 322 Or 645 (1996). … We review the Board’s decision for errors of law. ORS 183.482(8); Armstrong v. Asten-Hill Co., 90 Or App 200, 202 , 752 P2d 312 (1988).

Bonnett v. State ex rel. Division of State Lands

151 Or. App. 143 · Court of Appeals of Oregon · Nov 5, 1997

Louis v. … Shively v. Bowlby, 152 US 1 , 14 S Ct 548 , 38 L Ed 331 (1894). Tidelands “are lands usually or ordinarily covered and uncovered every 24 hours by the action of the tides.” State Land Board v.