Legal Opinion

Berwick v. Adult & Family Services Division

Court of Appeals of Oregon

Decided July 17, 1985No. 5-1501-EW0091-5; CA A31538PublishedCited by 16 opinions

1Opinion of the CourtGillette, P. J.

Petitioner seeks judicial review of a final order of the Adult and Family Services Division, entered after a hearing, which terminated her General Assistance (GA) benefits. She asserts, first, that the hearings officer’s determination that she was no longer unemployable is not supported by substantial evidence and that his conclusion to that effect does not follow from the facts he found. She also asserts that the hearings officer should have assisted her in presenting evidence in her favor. We agree with the latter point and reverse and remand for a new hearing.

Petitioner is a widow in her…

2Cases cited3 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Rosa v. WeinbergerDistrict Court, E.D. New York · 1974
  3. Hennig v. GardnerDistrict Court, N.D. Texas · 1967

3Cited by16 opinions

  1. Dennis v. Employment DivisionOregon Supreme Court · 1986
  2. Wahlgren v. Department of TransportationCourt of Appeals of Oregon · 2004
  3. Bennett v. Board of OptometryCourt of Appeals of Oregon · 1993
  4. Graves v. Adult & Family Services DivisionCourt of Appeals of Oregon · 1985
  5. Hoss v. Adult & Family Services DivisionCourt of Appeals of Oregon · 1986

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