Thompson v. Employment Division

In this unemployment compensation case, employer (petitioner) seeks review of an Employment Appeals Board (EAB) order allowing claimant to include per diem meal allowances as income in claimant’s base year.1 We review for errors of law, ORS 657.282; ORS 183.482(8), and reverse.

EAB found, in part:

“(2) [Claimant’s] base year, for determining weeks of work and receipt of wages, was the period of April 1,1990 through March, 1991. (3) During that time, claimant drove a truck owned by the named employer * * *.

“* * * (5) [C]laimant was paid $600 or $800 by [employer], plus a meals per diem of $26 to…