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RUBIO v. EMPLOYMENT DIVISION

No. 82-AB-2053; CA A26813.

674 P.2d 1201 (1984)

66 Or.App. 525

Ascencion RUBIO, Petitioner, v. EMPLOYMENT DIVISION, Respondent.

Court of Appeals of Oregon.

Decided January 18, 1984.

Attorney(s) appearing for the Case

Steven N. Thomas, Pendleton, argued the cause and filed the brief for petitioner.

Jan Peter Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Stanton F. Long, Deputy Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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

GILLETTE, Presiding Judge.

Claimant is a Mexican national who received unemployment compensation after the termination of his employment in Hermiston. After a hearing the referee issued a reimbursement order, holding that claimant was not entitled to benefits and requiring him to repay the overpayment from future benefits. The referee found that, because claimant was not legally authorized to work in the United States until July 20, 1981, his earnings in 1981 before...

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