Brown v. Employment Division

The issue in this case is the same as in Evjen v. Employment Division, 22 Or App 372, 539 P2d 662 (1975), and the principles stated there are controlling here.

Unlike in Evjen, the referee here concluded that he was not convinced by claimant’s testimony to the effect that he was an active member of the labor market seeking all suitable employment. The referee’s order reads in pertinent part:

“FINDINGS OF FACT: (1) Claimant worked for the employer from January 15, 1972 until August 28, 1974 on the green chain. Between August 28, 1974 and December 10, 1974, claimant worked in seven two-week pay…