Warnick v. Employment Division

For reasons which follow, I am compelled to disagree with both the reasoning and the result of the majority opinion.

Plainly, under the rule announced by our Supreme Court in McPherson v. Employment Division, 285 Or 541, 591 P2d 1381 (1979), and interpreted by this court in Oliver v. Employment Division, 40 Or App 487, 595 P2d 1252 (1979), the case at bar should be reversed and remanded to the Employment Division with instructions to allow the claim for the reason that, notwithstanding the express holdings in McPherson and Oliver, the Division has never adopted proper rules defining the term…