Case law

Wampler v. Palmerton

250 Or. 65 · Oregon Supreme Court · Apr 10, 1968

Con zelmann v. N.W.P. & D. Prod. … Brown & Williamson Tobacco Corp., 189 Misc 1024 , 88 NYS2d 914 , 920 (S Ct 1947); Said v. Butt [1920] 3 K B 497.

Garoutte v. Mail Well Corp.

200 Or. App. 507 · Court of Appeals of Oregon · Jul 6, 2005

Bennett v. Liberty Northwest Ins. Corp., 128 Or App 71 , 875 P2d 1176 (1994). … ORS 174.010; PGE v. Bureau of Labor and Industries, 317 Or 606, 611 , 859 P2d 1143 (1993). See SAIF v. Henwood, 176 Or App 431 , 31 P3d 1096 (2001). Claimant met his burden.

McLean v. Pine Eagle School District, No. 61

194 F. Supp. 3d 1102 · District Court, D. Oregon · Jul 1, 2016

Plaintiff argues that the Safety Committee’s decisions were not constrained by any school board policy or subject to review by the board. Plaintiff adds that this case is similar to the facts in Hyland v. … Pine Eagle’s other school board members also did not learn about the drill until after it happened. . In Flores v.

State v. Jenks

43 Or. App. 221 · Court of Appeals of Oregon · Nov 13, 1979

Defendant argues that holding him after the period or arraignment 1 had expired constituted an unlawful letention and that, therefore, pursuant to Brown v. … See State v. Shipley, 232 Or 354 , 375 P2d 237 (1962), cert den 374 US 811 , 83 S Ct 1701 , 10 L Ed 2d 1034 (1963); State v. Sunderland, 4 Or App 1 , 468 P2d 900 , 476 P2d 563 (1970).

Reynolds Metals v. Thrasher

133 Or. App. 30 · Court of Appeals of Oregon · Feb 15, 1995

Drews v. EBI Companies, supra, 310 Or at 149 ; Hammon Stage Line v. Stinson, 123 Or App 418, 422 , 859 P2d 1180 (1993).” Messmer v. … The Board’s order declining to award compensation for chondromalacia is on review to this court. See Thrasher v. Reynolds Metals, 133 Or App 13 , 889 P2d 1351 (1995).

Stueve v. Everett

11 Or. App. 18 · Court of Appeals of Oregon · Aug 25, 1972

Winslow v. … However, in City of Portland v.

Silveira v. Larch Enterprises

133 Or. App. 297 · Court of Appeals of Oregon · Mar 8, 1995

Claimant seeks review of an order of the Workers’ Compensation Board (Board) affirming employer’s denial of his claim. He argues that the Board erred in its treatment of his out-of-state employment with employer. … See Wootten v. Stadeli Pump & Construction, 108 Or App 548 , 816 P2d 689 (1991); Olson v. EBI Co., 78 Or App 261 , 715 P2d 1348 (1986); Miville v. SAIF, 76 Or App 603 , 710 P2d 159 (1985).

State Accident Insurance Fund Corp. v. Brannon

62 Or. App. 768 · Court of Appeals of Oregon · Apr 27, 1983

Van DerZanden v. SAIF, 60 Or App 316 , 653 P2d 558 (1982). In an insurer-initiated appeal, claimant is not entitled to attorney fees if compensation is reduced by the Board. … Here, SAIF prevailed at the Board level on the issue of computation of permanent total disability benefits. Therefore, no attorney fees were authorized. ORS 656.382(2); Korter v.

Stone v. State Accident Insurance Fund Corp.

294 Or. 442 · Oregon Supreme Court · Jan 18, 1983

SAIF raised no challenge to the compensation award on appeal to the Board. … Co. v. Watkins, 264 Or 464 , 506 P2d 179 (1973). The concession was really an admission that claimant was entitled to interim compensation. Cf. Johnson v. Paulson, 83 Or 238 , 154 P 685 , 163 P 435 (1917).

Miller v. Union County

48 Or. 266 · Oregon Supreme Court · Jul 17, 1906

Pep. 758); McCall v. Marion County, 43 Or. 536 ( 73 Pac. 1031 , 75 Pac. 140 ). In Hammer v. … Since the opinion in Hammer v.

Sexton v. Persson

268 Or. App. 63 · Court of Appeals of Oregon · Dec 31, 2014

Board of Parole, 349 Or 461 , 245 P3d 119 (2010), and Janowski/Fleming v. … State v.

Oliver v. Norstar, Inc.

116 Or. App. 333 · Court of Appeals of Oregon · Nov 12, 1992

We agree with the Board that, when the misconduct is such that a penalty may be assessed under ORS 656.262(10), no fees are available under ORS 656.382(1). See Martinez v. … Accordingly, we agree with the Board that attorney fees are not available under ORS 656.382. Affirmed.

Polk County Intermediate Education District v. Employment Division

24 Or. App. 169 · Court of Appeals of Oregon · Jan 26, 1976

Scoggins/Yost/Strong v. Morgan, 11 Or App 502 , 503 P2d 509 (1972). *174 The Board found that: "Claimant requested a leave of absence of up to six months in accordance with the policy of the employer. … In Wood v. *175 Morgan, 17 Or App 579, 583 , 523 P2d 572 (1974) we said: "This court cannot substitute its fact judgment for that of the Appeals Board. ORS 183.480 (6-8).

Compton v. Weyerhaeuser Co.

302 Or. 366 · Oregon Supreme Court · Dec 16, 1986

Compton v. Weyerhaeuser, 301 Or 641 , 724 P2d 814 (1986). He petitions for reconsideration from an order of this court, entered October 28, 1986, awarding costs against him. Petitioner relies on Shetterly v. … See Lewis v. Department of Revenue, 294 Or 139 , 653 P2d 1265 (1982). Any entitlement to costs must be found in, and is limited by, statute. State Highway Com. v. Efem Whse. Co., 207 Or 237, 242 , 295 P2d 1101 (1956).

Portland Adventist Medical Center v. Buckallew

124 Or. App. 141 · Court of Appeals of Oregon · Oct 20, 1993

We review to determine whether the Board’s findings are supported by substantial evidence. ORS 656.298(6); ORS 183.482(8); Garcia v. Boise Cascade Corp., 309 Or 292, 295 , 787 P2d 884 (1990). We affirm. … Corp. v.

Kienow's Food Stores, Inc. v. Lyster

79 Or. App. 416 · Court of Appeals of Oregon · May 21, 1986

See Gallea v. Willamette Industries, 56 Or App 763 , 643 P2d 390 (1982). … The conclusions of the referee and the Board are amply supported by the record.

Nicholson v. Jones

194 Or. 406 · Oregon Supreme Court · Mar 26, 1952

Creecy v. Joy, supra, 40 Or 33 . … In Maxwell Co. v. So. Ore.

Sedgwick CMS, Inc. v. Dover

318 Or. App. 38 · Court of Appeals of Oregon · Mar 2, 2022

In reliance on SAIF v. … We cited our opinion in Schlecht v.

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.

Mar Pacifico, Inc. v. Department of Fish & Wildlife

148 Or. App. 310 · Court of Appeals of Oregon · Jun 11, 1997

Mar Pacifico is the owner of the vessel F/V El Camino, which is the subject of this permit proceeding. … to use the F/V El Camino to fish for Dungeness crab in Oregon coastal waters pursuant to ORS 508.921 to ORS 508.941.