Bird v. Employment Division

The Employment Division moves for reconsideration of our opinion, 86 Or App 733, 740 P2d 243 (1987), for the purpose of clarifying under what circumstances credibility findings must be made. It seeks clarification of this paragraph:

“Petitioner also argues that EAB should have made credibility findings. We agree. See de St. Germain v. Employment Division, 74 Or App 484, 703 P2d 986 (1985). The referee made no such findings, and credibility was an issue. Portions of petitioner’s story were contradicted by her co-workers, and other parts, although uncontradicted, were supported by no evidence…