Legal Opinion

Steele v. Employment Department

Court of Appeals of Oregon

Decided August 28, 1996No. EAB 95-AB-877; CA A89252PublishedCited by 23 opinions

1Opinion of the CourtDeits, P. J.

Claimant was discharged after he missed work on two successive days, due to the after effects of alcohol use. Claimant applied for and the Employment Appeals Board (EAB) held that claimant was disqualified from receiving unemployment benefits. It concluded that the discharge was for “misconduct connected with work” under ORS 657.176-(2)(a) and OAR 471-30-140(5). Claimant seeks review, and we reverse and remand.

EAB found that claimant is an alcoholic, and there was evidence that could support a finding that he cannot control his use of alcohol or the consequences of his drinking. However, EAB…

2Cases cited19 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. Springfield Education Ass'n v. Springfield School District No. 19Oregon Supreme Court · 1980
  3. Nelson v. Emerald People's Utility DistrictOregon Supreme Court · 1993
  4. University of Oregon Co-Operative Store v. Department of RevenueOregon Supreme Court · 1975
  5. Bunnell v. Employment DivisionOregon Supreme Court · 1987

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3Cited by23 opinions

  1. State v. HvalCourt of Appeals of Oregon · 2001
  2. State v. HigginsCourt of Appeals of Oregon · 2000
  3. Citizens' Utility Board v. Public Utility CommissionCourt of Appeals of Oregon · 1998
  4. Fechtig v. City of AlbanyCourt of Appeals of Oregon · 1997
  5. State v. HarrisCourt of Appeals of Oregon · 2001

18 more not listed; retrieve them via the Exa API.

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