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HURST v. EMPLOYMENT DIV.

85-AB-1738; CA A38278.

724 P.2d 946 (1986)

81 Or. App. 367

Kristen HURST, Petitioner, v. EMPLOYMENT DIVISION, DEPARTMENT OF HUMAN RESOURCES, State of Oregon, and Grocery Warehouse, Respondents.

Court of Appeals of Oregon.

Decided September 10, 1986.

Attorney(s) appearing for the Case

Mark A. Peterson, Klamath Falls, argued the cause and filed the brief for petitioner.

James E. Mountain, Jr., Sol. Gen., Salem, waived appearance for respondent Employment Div.

No appearance for respondent Grocery Warehouse.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Petitioner seeks review of an order of the Employment Appeals Board (EAB) that denied her benefit rights pursuant to ORS 657.176(3)1 on the basis that she had admitted theft in connection with her work. We reverse.

EAB made findings of fact:

"(1) The claimant worked for the above employer from October 14, 1982 until May 2, 1985 as a clerk. (2) During a portion of her employment, the employer became concerned...

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