Case law

Shubert v. Blue Chips

330 Or. 554 · Oregon Supreme Court · Aug 24, 2000

findings that the Board had made. … See Russell v.

Lecangdam v. SAIF Corp.

185 Or. App. 276 · Court of Appeals of Oregon · Dec 11, 2002

On appeal, the board reversed the ALJ’s order and reinstated SAIF’s denial. Relying, in part, on this court’s decision in Wantowski v. … In determining whether the board’s ruling was correct, we begin with the text and context of the relevant statutes. PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993).

SAIF Corp. v. Pruitt

198 Or. App. 253 · Court of Appeals of Oregon · Mar 9, 2005

Armstrong v. Asten-Hill Co., 90 Or App 200, 206 , 752 P2d 312 (1998). That relatively deferential standard of review is conditioned by our holding in Dietz v. … Accord SAIF v. Bryant, 173 Or App 402, 406 , 21 P3d 1104 (2001).

Icenhower v. SAIF Corp.

180 Or. App. 297 · Court of Appeals of Oregon · Mar 20, 2002

The Board affirmed. … PGE v. Bureau of Labor and Industries, 317 Or 606, 611 , 859 P2d 1143 (1993).

Wright v. State Accident Insurance Fund

76 Or. App. 479 · Court of Appeals of Oregon · Nov 20, 1985

order on extent of disability which was not timely appealed. 1 The Board relied on SAIF v. … In SAIF v.

Daquilante-Richards v. CIGNA Ins. Cos.

149 Or. App. 682 · Court of Appeals of Oregon · Sep 10, 1997

See Pratt v. … Boise Cascade v.

Giblin v. Johnson

160 Or. App. 377 · Court of Appeals of Oregon · May 12, 1999

In support of that position, defendant relies on Weidner v. Armenakis, 154 Or App 12 , 959 P2d 623 (1998), withdrawn by order July 13, 1998, reasoning reaffirmed and readopted Merrill v. … Jones v. General Motors Corp., 325 Or 404 , 939 P2d 608 (1997).

Aguiar v. J. R. Simplot Co.

94 Or. App. 658 · Court of Appeals of Oregon · Jan 11, 1989

Claimant seeks review of an order of the Workers’ Compensation Board on remand after our opinion in Aguiar v. J. R. Simplot Co., 87 Or App 475 , 742 P2d 709 (1987). … The Board issued its order on remand, as directed.

Bauman v. State Accident Insurance Fund Corp.

62 Or. App. 323 · Court of Appeals of Oregon · Mar 23, 1983

The Board relied on Frasure v. Agripac, 290 Or 99 , 619 P2d 274 (1980), and Saxton v. Lamb-Weston, 49 Or App 887 , 621 P2d 619 (1980), and concluded that SAIF had authority to deny the previously accepted claim. … In Jacobson v.

McKinney v. Employment Division

21 Or. App. 730 · Court of Appeals of Oregon · Jun 23, 1975

See Soricelli v. Board of Review, &c., 46 NJ Super 299, 134 A2d 723 (1957). Affirmed. ① See Various Claimants &. Const. U. v. Employment Sec. Com’n, 92 Ariz 183, 375 P2d 380 (1962); Sangamo Electric Co. v. … Donnelley, 26 Ill 2d 348, 186 NE2d 230 (1962); Typographical Union v. Hearst, 246 Md 308, 228 A2d 410 (1967); Soricelli v. Board of Review, &c., 46 NJ Super 299, 134 A2d 723 (1957); Kennecott Copper Corp., Etc. v.

Peabody v. SAIF

Court of Appeals of Oregon · May 24, 2023

The board adhered to its decision. Claimant petitioned for judicial review, challenging the board’s decision to award $12,500 in attorney fees, rather than the $31,000 claimant had requested. Peabody v. … See Friends of Columbia Gorge v. Energy Fac.

Department of Justice, Inmate Insurance Fund v. Hendershott

108 Or. App. 584 · Court of Appeals of Oregon · Sep 4, 1991

The Board did not err in affirming the referee’s award of attorney fees. In Jones v. … However, the Board did err in awarding fees for services on Board review. ORS 656.382(2) authorizes fees only when a claimant’s right to compensation is at risk on review. Howard v.

Birmingham v. Department of Forestry

209 Or. App. 736 · Court of Appeals of Oregon · Dec 13, 2006

Thomas Creek Lumber v. Board of Forestry, 188 Or App 10, 22 , 69 P3d 1238 (2003). … We give deference to an agency’s interpretation of its own rule if it is not “inconsistent with the wording of the rule itself, or with the rule’s context, or with any other source of law[.j” Don’t Waste Oregon Com. v.

Rathfon v. Payette-Oregon Slope Irr. Dist

76 Or. 606 · Oregon Supreme Court · Jun 29, 1915

At the time of the confirmation proceedings mentioned (see Board of Directors v. … A. 755); Straw v. Harris, 54 Or. 424 ( 103 Pac. 777 ).

Berliner v. Weyerhaeuser Co.

92 Or. App. 264 · Court of Appeals of Oregon · Aug 3, 1988

Berliner v. Weyerhaeuser Company, 90 Or App 450 , 752 P2d 1246 (1988). The initial issue is whether the Workers’ Compensation Board had authority to republish its October 8, 1986, order. … Employers and insurers cannot set off overpayments without authorization from the Division, a referee or the Board. Spivey v. SAIF, 79 Or App 568, 571 , 720 P2d 755 (1986); Forney v.

Boyce v. Umpqua Community College

67 Or. App. 629 · Court of Appeals of Oregon · Apr 11, 1984

See Yartzoff v. Democrat-Herald Publishing Co., 281 Or 651 , 576 P2d 356 (1978). … The controlling statute in Welo v. Dist. Sch. Bd., Dist.

M. W. V. H. v. Van Hoff

307 Or. App. 620 · Court of Appeals of Oregon · Nov 25, 2020

Brown v. Roach, 249 Or App 579, 580, 277 P3d 628 (2012). We view the evidence, and all reasonable inferences that may be drawn from it, in the light most favorable to petitioner. Delgado v. … Brown, 249 Or App at 580. Therefore, we decline respondent’s invitation to review de novo. 622 M. W. V. H. v.

Garibay v. Barrett Business Services

148 Or. App. 496 · Court of Appeals of Oregon · Jun 18, 1997

The Board’s order is based in part on its view, enunciated in Joyce A. … As we held in Nordstadt v.

Liberty Northwest Ins. Corp. v. Rector

151 Or. App. 693 · Court of Appeals of Oregon · Dec 17, 1997

Messmer v. Deluxe Cabinet Works, 130 Or App 254, 257 , 881 P2d 180 (1994), rev den 320 Or 507 (1995). … Corp. v. Bird, 99 Or App 560, 564 , 783 P2d 33 (1989), rev den 309 Or 645 (1990) (emphasis in original). In this case, the Board determined that claimant’s condition had changed since her earlier request.

Pacific Western Co. v. Lincoln County

166 Or. App. 484 · Court of Appeals of Oregon · Apr 12, 2000

The court further concluded that, under Strawberry Hill 4 Wheelers v. Benton Co. … Johnson v. Civil Service Board, 161 Or App 489, 498 , 985 P2d 854 , on recons 162 Or App 527 , 986 P2d 666 (1999). We agree with petitioners that the Board misconstrued and thus failed to comply with ORS 368.331.