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HOARD v. EMPLOYMENT DIVISION

84-AB-864; 84-AB-864-A; CA A32020 (Control); A32215.

696 P.2d 1168 (1985)

72 Or.App. 688

David HOARD, Petitioner, v. EMPLOYMENT DIVISION, Raymond P. Thorne, Administrator, and Gelco Pony Express, Respondents.

Court of Appeals of Oregon.

Decided March 20, 1985.

Attorney(s) appearing for the Case

Michael H. Marcus, Portland, argued the cause and filed the brief for petitioner.

Michael D. Reynolds, Asst. Atty. Gen., Salem, waived appearance for respondent Employment Div., Raymond P. Thorne, Admin.

Francis T. Barnwell, Portland, argued the cause for respondent Gelco Pony Express. With him on the brief were Richard C. Hunt and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

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

GILLETTE, Presiding Judge.

Petitioner seeks judicial review of an order of the Employment Appeals Board affirming a referee's decision upholding an administrative decision denying unemployment benefits. In particular, petitioner challenges EAB's adoption of the referee's finding that he was discharged for misconduct connected with his work. We reverse.

Petitioner was a courier service driver who, while on his assigned route, ran a red light and collided with...

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