Ruiz v. Employment Division

I dissent. We have exceeded our authority to remand under ORS 183.482(8)(b)(B), because EAB has complied with ORS 183.470(2).

The majority holds that EAB failed to address petitioner’s contention that his job had become unsuitable because his new duties were so stressful that they seriously affected his physical and emotional health. I am at a loss to determine how EAB can more adequately address that contention.

EAB explicitly rejected petitioner’s contention that his job had changed substantially, finding instead that the changes were minor. EAB further explained that petitioner’s decision to…