Veneer v. Employment Division

The majority holds that EAB did not err when it concluded that claimant was not discharged for “misconduct connected with work.” ORS 657.176(2)(a).1 That holding is based, in part, on its conclusion that the phrase “connected with work” is a delegative statutory term and that EAB properly ignored the return-to-work agreement between employer and claimant as evidence of “misconduct connected with work.” Because I would conclude that “connected with work” is an inexact statutory term and that EAB erred when it failed to consider the return-to-work agreement when it determined whether claimant’s…