Freeman v. Employment Department

“We doubt that the legislature intended this triumph of form over substance, which is antithetical to the purpose of the unemployment compensation system.”

*535Miller v. Employment Division, 45 Or App 1117, 1122, 610 P2d 293 (1980).

I believe the majority’s opinion oversimplifies claimant’s position. From my vantage point, claimant’s assertion of substantial compliance asks only for that which we have gladly granted state agencies for some time. I therefore respectfully dissent.

Claimant relies on McComas v. Employment Dept., 133 Or App 577, 891 P2d 1351, rev den 321 Or 246 (1995). There, we…