Colclasure v. Washington County School District No. 48-J

In this proceeding under ORS 656.283(2), the issue is whether the referee and the Board can base their review decision on factual findings from the hearing record that differ from the factual determinations of the Director. We considered that question in Lasley v. Ontario Rendering, 114 Or App 543, 547, 836 P2d 184 (1992), and held that the referee’s responsibility to find the historical facts is unaffected by the review limitations in ORS 656.283(2):

“Under ORS 656.283(2), the hearing to which a claimant is entitled must be for the purpose of determining the historical facts relevant to the…