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EMPLOYMENT DIV. v. BECHTEL

No. 78-AB-128-A; CA 10576.

585 P.2d 769 (1978)

36 Or.App. 831

EMPLOYMENT DIVISION, Raymond P. Thorne, Assistant Director, Petitioner, v. Marlena G. BECHTEL and D-Bar-J Ranch Cafe, Respondents.

Court of Appeals of Oregon.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Gregory A. Parker, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

No appearance for respondents.

Before SCHWAB, C.J., and GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

In this case, as well as in two companion cases,1 the primary question is whether the 1977 amendment to ORS 657.215 is to be applied retroactively. We hold that it is not.

Claimant Bechtel admitted that she had been overpaid benefits for benefit weeks 41, 44 and 45 of 1976 and 12 and 13 of 1977. In October, 1977, an administrator's decision ordered repayment of any overpayment and disqualified claimant from receiving...

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