Taylor v. Employment Division

We reverse and remand this unemployment insurance case for reconsideration because the referee’s decision, which the Employment Appeals Board (EAB) adopted on review, ignores a crucial undisputed fact. When that fact is included, we cannot say that the nexus between the agency’s reasoning and the facts is rational, and therefore we cannot say that the order is supported by substantial evidence in the record as a whole. McCann v. OLCC, 27 Or App 487, 503, 556 P2d 976 (1976), rev den (1977).

Claimant worked for the OLCC as an enforcement agent for a number of years. Near the end of his…