Johnson v. EMPLOYMENT DEPARTMENT

In Johnson v. Employment Dept., 189 Or App 243, 74 P3d 1159 (2003), we reversed the Employment Appeals Board’s (EAB) determination that claimant’s one-time failure to pay a $10 delivery charge for wood that he bought from his employer was neither an isolated incident of poor judgment nor the result of a good faith error. In disposing of the case, we held:

“The task of interpreting the term [‘isolated incident of poor judgment or a good faith error,’ OAR 471-030~0038(3)(a)] is not ours but the [Employment Department’s]. We therefore remand * * * to EAB, this time with instructions that EAB…