Cook v. Employment Division

Petitioner, the prevailing party in Cook v. Employment Division, 47 Or App 437, 614 P2d 1193, rev den 290 Or 157 (1980), moved for an award of attorney fees under ORS 183.495. Initially we denied the petition without stating reasons. Petitioner now moves for reconsideration, which we grant in order to explain our reasons.

The Employment Division, after receiving information that petitioner was not unemployed, undertook an investigation to determine whether petitioner was ineligible for benefits during a 19-week period in which he was reportedly employed in cutting and selling firewood. After a…