Pintok v. Employment Division

Claimant appeals from the order of the Employment Appeals Board denying him unemployment benefits on the ground that he was discharged from his employment for misconduct connected with his work. ORS 657.176(2)(a).

At the hearing on the claim the testimony of the employer, the claimant, and one other former employee was taken. The facts are basically not in dispute. Claimant, who was employed as a welder, was fired from his position when he refused to do work on a certain welding machine which he claimed caused excessive smoke. Claimant testified that he had used the machine in the past and…