GORDON v. MORGAN


530 P.2d 522 (1975)

James E. GORDON, Petitioner, v. Ross MORGAN, Administrator, Employment Division, Respondent.

Court of Appeals of Oregon.

Decided January 14, 1975.


Attorney(s) appearing for the Case

Mary L. Henrich, Legal Aid Service, Portland, argued the cause and filed the brief for petitioner.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and THORNTON, JJ.


FOLEY, Judge.

The sole issue in this case is whether wages earned, but not paid to an employee during his base year, can be considered in computing his unemployment benefits based upon that year.

During the fourth quarter of his base year, 1973, petitioner earned $675 which, because of the illness and subsequent death of his employer, was not paid to him until March 6, 1974, when the affairs of the deceased employer were settled. If these earnings could be...

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