Helms v. Employment Division

Petitioner seeks review of an order of the Employment Appeals Board (EAB) denying him unemployment benefits, because he was discharged for misconduct connected with work. ORS 657.176(2)(a). We reverse.

Petitioner was injured off-the-job in May, 1981, and thereafter was under medical care and unable to work. On July 15, 1981, he was seen by his doctor, who told him to return in a month. Petitioner made an appointment for August 17, 1981. He missed that appointment, because he was out of the state for what he termed “a family emergency.” When he returned on August 18, he called the doctor’s…