James River Corp. v. Employment Division

Claimant was discharged for being intoxicated while at work at employer’s paper mill. His condition was the culmination of a day of heavy drinking which preceded his reporting to work. Employer seeks review of EAB’s decision that, because claimant is an alcoholic, his misconduct was not “wilful,” ORS 657.176(2)(a); OAR 471-30-038(3), and he is therefore entitled to unemployment compensation. We reverse and remand.

EAB reasoned:

“We would point out that our affirmation [of the referee] is based upon our conclusion that the claimant was an alcoholic and had no control over his drinking. His…