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ERICKSON v. EMPLOYMENT DIVISION

565 P.2d 1101 (1977)

29 Or.App. 893

Carl E. ERICKSON, Petitioner, v. EMPLOYMENT DIVISION, and Brooks-Willamette Corporation, an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided June 27, 1977.

Attorney(s) appearing for the Case

Thomas A. Caruso, Portland, argued the cause for petitioner. With him on the brief was Bailey, Doblie & Bruun, Portland.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent Employment Division. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Larry K. Amburgey, Portland, argued the cause for respondent Brooks-Willamette Corp. With him on the brief was Bullard, Korshoj & Smith, Portland.

Before THORNTON, P.J., and TANZER and JOHNSON, JJ.

THORNTON, Presiding Judge.

Petitioner appeals from an order of the Employment Appeals Board (Board) reversing the referee and denying unemployment benefits, holding that petitioner was discharged for misconduct connected with his work. ORS 657.176(2).

Petitioner, an alcoholic, had received treatment under an Antabuse program and had worked for Brooks-Willamette Corporation without incident for about six years. A few days prior to September 2, 1976, he stopped...

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