Philomath Forest Products Co. v. Employment Division

Employer seeks review of EAB’s amended order, in which it withdrew its original order and allowed unemployment benefits to claimant, whom employer discharged after a random drug test revealed evidence of marijuana in his system. The amended order adopted the decision of the referee, who concluded that claimant’s drug use was not misconduct connected with his work and allowed benefits. ORS 657.176(2) (a). In its first order, EAB had reversed the referee’s decision.

Employer’s first assignment is that EAB lacked authority to withdraw its original decision and to issue the amended one. ORS…