EMPLOYMENT DIVISION v. PARK


556 P.2d 149 (1976)

27 Or.App. 395

EMPLOYMENT DIVISION, Ross Morgan, Administrator, Petitioner, v. James A. PARK, and Agripac, Inc., a Corporation, Respondents.

Court of Appeals of Oregon.

Decided November 15, 1976.


Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Rhidian M.M. Morgan, Asst. Atty. Gen., filed brief for petitioner.

No appearance for respondents, James A. Park and Agripac, Inc.

Before SCHWAB, C.J., and LEE and RICHARDSON, JJ.


Submitted on Record and Petitioner's Brief October 6, 1976.

RICHARDSON, Judge.

This is an appeal by the administrator from a decision of the Employment Appeals Board holding claimant was entitled to unemployment benefits for the week ending December 6, 1975. The administrator and referee denied the claim and the Board reversed.

The issue is whether claimant's unavailability for work due to illness on one day of the week precludes him from unemployment...

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