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HOARD v. EMPLOYMENT DIVISION

85-AB-627; CA A36086.

717 P.2d 664 (1986)

79 Or.App. 62

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

Court of Appeals of Oregon.

Decided April 23, 1986.

Attorney(s) appearing for the Case

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

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

Richard C. Hunt, Francis T. Barnwell, and Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland, filed brief for respondent Gelco Pony Exp.

Before RICHARDSON, P.J., and WARDEN and WARREN, JJ.

RICHARDSON, Presiding Judge.

This case is before us a second time on review of the Employment Appeals Board, which has twice affirmed a referee's order denying unemployment compensation benefits to petitioner, who was discharged because he was involved in a traffic accident while driving his employer's vehicle. The issue is whether he was discharged for misconduct connected with his work.

In the first review, Hoard v. Employment Division,

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