German Auto Parts, Inc. v. Bureau of Labor & Industries

DURHAM, J.,

specially concurring.

I concur in the majority’s holding that the Bureau of Labor and Industries (BOLI) committed no error in declining to deduct unemployment benefits from the back pay portion of its remedial order. I write separately, because I do not accept the majority’s rationale.

I would rely solely on Seibel v. Liberty Homes, Inc., 305 Or 362, 752 P2d 291 (1988), to sustain BOLI’s order. Seibel refused to allow a private employer an offset of Social Security disability benefits from damages in a breach of employment contract action.

Petitioner here seeks to offset unemployment…