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Legal Opinion · Dissent

Gilberts v. Employment Division

Court of Appeals of Oregon

Decided June 1, 1977No. 77-S-251, CA 7255Published

1DissentThornton, J.

My disagreement with the majority opinion centers on the narrow construction given to ORS 657.875, which is the provision authorizing relief from defaults.

The majority construes ORS 657.875 as not applying to requests for relief from charges imposed under ORS 657.471(7)(a).

Plainly, ORS 657.471(7)(a)1 requires that an employer must request relief of charges for benefits *601within 10 days after the mailing of such notice by the Employment Division. However, ORS 657.875 provides:

“The period within which an interested party may request a hearing or file with the Employment Appeals Board an…

2Cases cited11 opinions

  1. Fox v. GallowayOregon Supreme Court · 1944
  2. Sunshine Dairy v. PetersonOregon Supreme Court · 1948
  3. State v. IrvingOregon Supreme Court · 1974
  4. Puget Sound Bridge & Dredging Co. v. State Unemployment Compensation CommissionOregon Supreme Court · 1942
  5. Perkins v. Willamette Industries, Inc.Oregon Supreme Court · 1975

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