International Paper Co. v. McElroy

I dissent. The majority holds that “the referee gave no explanation for his credibility finding. Thus, there was no determination to which the Board, on its de novo review, could defer.” 101 Or App at 64. (Footnote omitted.) Ordinarily, the Board gives great weight to a referee’s finding of credibility. The majority’s approval of its refusal to do so in this case rests on a misapprehension of the referee’s role.

The Supreme Court has established the standard for a referee’s findings in an administrative proceeding:

“Where there is evidence in the record both to make more probable and to make…