Case law

Newell v. SAIF Corp.

136 Or. App. 280 · Court of Appeals of Oregon · Sep 6, 1995

Volk v. America West Airlines, 135 Or App 565 , 899 P2d 746 (1995). … In our opinion, we relied on the Supreme Court’s decision in Niccum v.

Albiar v. Silvercrest Industries, Inc.

30 Or. App. 281 · Court of Appeals of Oregon · Aug 1, 1977

SAIF, 20 Or App 412 , 531 P2d 921 (1975); Murphy v. SAIF, 13 Or App 105 , 508 P2d 227 (1973). However, in Nollen v. … Nollen v. SAIF, supra at 423. Affirmed.

Bergeron v. Ontario Rendering Co.

34 Or. App. 1025 · Court of Appeals of Oregon · Jun 20, 1978

The determination order from which claimant sought review was mailed to claimant by the Board on October 8, 1975. … In Norton v. Compensation Department, 252 Or 75, 448 P2d 382 (1968), the court was faced with essentially the same issue.

Pacific Power & Light v. Jacobson

117 Or. App. 280 · Court of Appeals of Oregon · Dec 23, 1992

The referee and the Board held that it was compensable. The Board reasoned that the relationship between the injury and the employment was sufficient under the *283 unified test in Rogers v. … In aid of that determination, the Board referred to the factors identified in Jordan v. Western Electric, 1 Or App 441 , 463 P2d 598 (1970), and later in Mellis v.

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.

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.

Wood v. Sprague

165 Or. 122 · Oregon Supreme Court · Jun 6, 1940

This is an action against the state: Engle v. State Land Board, 164 Or. 109 , 99 P. (2d) 1018 ; Young v. State, 36 Or. 417, 424 , 59 P. 812 , 60 P. 711 , 47 L. R. A. 548; State Land Board v. … Engle v. State Land Board, supra; Beers v. Arkansas, 20 How. 527 , 15 L. Ed. 991 ; 59 C. J., States, 306, § 462; 25 R. C. L., States, 416, § 52. Hence, we find no merit in the suggestion of unconstitutionality.

Hicks v. Spectra Physics

117 Or. App. 293 · Court of Appeals of Oregon · Dec 23, 1992

Under our decision in Fenton v. … Those explanations convince us that the legislature intended to overrule Fenton v. SAIF, supra.

Freightliner Corp. v. Christensen

163 Or. App. 191 · Court of Appeals of Oregon · Sep 29, 1999

We conclude that the Board’s finding that employer accepted the conditions is supported by substantial evidence and that the Board correctly held that employer may not now deny claimant’s conditions. … Relying on Georgia-Pacific v. Piwowar, 305 Or 494, 501 , 753 P2d 948 (1988), the Board held that, by accepting claimant’s claim for low back pain, employer accepted the underlying cause or causes of the symptoms.

State Accident Insurance Fund Corp. v. Luhrs

63 Or. App. 78 · Court of Appeals of Oregon · May 11, 1983

We had previously held in Holden v. … Fossum v. SAIF, 293 Or 252 , 646 P2d 1337 (1982). Under the Board’s rule, the claimant would be required to prove that the last employer’s place of business was a major cause of claimant’s condition.

Thompson v. Cupp

5 Or. App. 393 · Court of Appeals of Oregon · May 13, 1971

State ex rel Gilmore v. Cupp, 1 Or App 22, 24 , 458 P2d 711 (1969); Whalen v. Gladden, 249 Or 12 , 436 P2d 560 (1968); Anderson v. Alexander, 191 Or 409 , 229 P2d 633 , 230 P2d 770 (1951). As Whalen v. … The burden of proof of arbitrary action on the part of the board rested *395 •with Thompson. State ex rel Gilmore v. Cupp, supra. He failed to meet this burden. Affirmed.

Post v. Salem-Keizer School District

334 Or. 61 · Oregon Supreme Court · Apr 25, 2002

Post v. Salem-Keizer School District, 162 Or App 15 , 987 P2d 530 (1999). The Court of Appeals’ majority first concluded that petitioner was a “permanent teacher.” Id. at 22 . … * * * within 10 days * * * after receipt of notice of the district school board’s decision, notice of appeal * * 6 The court’s suggestion in Zollinger v.

State v. Sims

287 Or. 349 · Oregon Supreme Court · Sep 11, 1979

Green, 286 Or 99 , 593 P2d 777 (1979); Tharalson v. State Dept. of Rev., 281 Or 9 , 573 P2d 298 (1978); Brown v. Multnomah County Dist. Court, 280 Or 95 , 570 P2d 52 (1977); Deras v. … Myers, 272 Or 47 , 535 P2d 541 (1975); State v. Brown, 262 Or 442 , 497 P2d 1191 (1972); Dickman v. School Dist. 62C, 232 Or 238 , 366 P2d 533 (1962). In State v.

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.

City of Woodburn v. Domogalla

1 Or. Tax 292 · Oregon Tax Court · Apr 30, 1963

It and one or two state boards of tax appeal, as well as Senator Musa’s personal background in administrative proceedings as a certified public accountant, were the influencing factors in the choice in 1949 of the board of … State ex rel Appling v. Chase, 224 Or 112, 116, 355 P2d 631 (1960). A court with less than general jurisdiction would be scarcely more than a substitute for a board of tax appeals.

Garcia v. SAIF Corp.

194 Or. App. 504 · Court of Appeals of Oregon · Aug 11, 2004

The board rejected both arguments. … See id.; SAIF v. Fitzsimmons, 159 Or App 464, 469 , 978 P2d 404 (1999), rev den, 329 Or 589 (2000) (so stating with respect to structurally identical earlier version of rule).

SAIF Corporation v. Shipley

147 Or. App. 26 · Court of Appeals of Oregon · Mar 12, 1997

Volk v. America West Airlines, 135 Or App 565 , 899 P2d 746 (1995). The Board, in affirming the administrative law judge (ALJ), made the following findings, which are not challenged. … Corp. v. Yon, 137 Or App 413 , 904 P2d 645 (1995).

Ragan v. Fred Meyer, Inc.

73 Or. App. 363 · Court of Appeals of Oregon · May 1, 1985

In the alternative, she contends that the Board’s order of May 27,1983, was issued before the Supreme Court’s decision in Price and that she did not seek review of the Board’s order because of our decision in Jones v. … An appeal of the portion of the Board’s order remanding the claim to the referee would have been premature. Jones v. SAIF, supra.

Weiss v. Jackson County

9 Or. 470 · Oregon Supreme Court · Oct 15, 1881

Co. v. Artcher, 6 Paige, 88 ; Belknap v. Belknap, 2 Johns. Ch. … In Grigsby v.

Mellis v. McEWEN, HANNA, GISVOLD, RANKIN & VAN KOTEN, EMPLOYERS, AND MISSION INS. CO.

74 Or. App. 571 · Court of Appeals of Oregon · Jul 17, 1985

Jordan v. Western Electric, 1 Or App 441, 443-44 , 463 P2d 598 (1970); see also Halfman v. SAIF, 49 Or 23 , 618 P2d 1294 (1980). … In this case, after applying the Jordan factors, the Board found that claimant’s injury was not work-related, in part because the Board did not believe that eating in a public cafeteria can be considered an ordinary risk