BLAKE v. EMPLOYMENT DIVISION

No. 83-AB-260; CA A27559.

673 P.2d 566 (1983)

66 Or.App. 299

Robert Byron BLAKE, Petitioner, v. EMPLOYMENT DIVISION, Raymond P. Thorne, Assistant Director, Department of Human Resources, and Georgie's Plaster Co., Respondents.

Court of Appeals of Oregon.

Decided December 21, 1983.


Attorney(s) appearing for the Case

L. Ramsay Weit, Portland, argued the cause and filed the brief for petitioner.

Michael D. Reynolds, Asst. Atty. Gen., Salem, waived appearance for respondent Employment Division.

Richard H. Tonneson, Manager, Portland, waived appearance for respondent Georgie's Plaster Co.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.


PER CURIAM.

Claimant, a person with a borderline IQ and living at the time in a residential treatment program for mentally retarded adults, was discharged by his employer for failure to call in on the second and third days of an illness. He did call in on the first day. The referee, whose findings and conclusions the Employment Appeals Board adopted, found that claimant's failure was misconduct disqualifying him from unemployment benefits. The referee found that the...

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