Nichols v. Employment Department

The Employment Department (department) seeks reconsideration of our opinion reversing and remanding this case to the Employment Appeals Board (board) because the board affirmed, without explanation, the opinion of the administrative law judge (ALJ). Nichols v. Employment Department, 249 Or App 178, 274 P3d 312 (2012). The department argues that we made a factual error because we did not review the board’s decision on reconsideration.1 The department is correct. We grant the department’s petition for reconsideration, and, on reconsideration, we affirm.

The relevant facts are procedural.…