DEROCHIER v. EMPLOYMENT DIVISION

84-AB-15; CA A31039.

690 P.2d 519 (1984)

70 Or.App. 521

Julia M. DEROCHIER, Petitioner, v. EMPLOYMENT DIVISION, Raymond P. Thorne, Assistant Director, Dhr and Cedarwood Care Center, Respondents.

Court of Appeals of Oregon.

Decided October 31, 1984.


Attorney(s) appearing for the Case

Susan P. Howard, Salem, argued the cause and filed the brief for petitioner.

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

No appearance for respondent Cedarwood Care Center.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

The issue in this unemployment compensation case is whether the Employment Appeals Board, without offering an explanation, can reject a referee's finding of fact which is determinative of the award of unemployment benefits. We hold that the EAB erred in failing to base its finding on the record and in failing to explain why it disagreed with the referee or what weight it gave the referee's determination of claimant's credibility. We reverse...

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