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HENSON v. EMPLOYMENT DIVISION

86-AB-204; CA A39168.

723 P.2d 1081 (1986)

81 Or. App. 29

Calvin D. HENSON, Petitioner, v. EMPLOYMENT DIVISION and Cascade Wood Products, Respondents.

Court of Appeals of Oregon.

Decided August 27, 1986.

Attorney(s) appearing for the Case

Jerry E. Gastineau, Medford, argued the cause and submitted brief, for petitioner.

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

Michael Brian, Medford, waived appearance, for respondent Cascade Wood Products, Inc.

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

PER CURIAM.

Petitioner seeks judicial review of an Employment Appeals Board order disqualifying him from receiving unemployment benefits because he was discharged for misconduct. ORS 657.176(2); OAR 471-30-038(3).

The referee concluded that petitioner had violated employer's written policy by leaving work without first notifying his supervisor. However, the referee also concluded that the violation was not wilful and that

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