State Accident Insurance Fund Corp. v. Harris

I dissent, because we did not expressly find in SAIF v. Harris, 66 Or App 165, 672 P2d 1384 (1983), that SAIF “acted without a reasonable basis or fact in law,” ORS 182.090(1), and because, contrary to the assertion of the majority, such a finding is not implicit in our reversal of the judgment of the district court.

In Johnson v. Employment Division, 64 Or App 276, 283, 668 P2d 416 (1983), we construed identical language in *496ORS 183.497(f)1 to mean that either “the agency’s action under the facts as found by the agency must be such that a reasonable agency would not have so acted” or that “an…