Johnson v. Employment Division

Claimant seeks review of a decision of the Employment Appeals Board (EAB) disqualifying her from unemployment benefits for wilfully misrepresenting her work and earnings. ORS 657.215. We reverse.

EAB adopted these findings by the referee:

“(5) The claimant is mentally retarded. (6) She has a sixth grade education. (7) She has worked at jobs which primarily involve routine activities. (8) She can follow simple written or verbal instructions. (9) She is easily confused, particularly when she does not take prescribed medication. (10) She was not taking her medication during the period in issue…