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HOSS v. AFSD

5-3501-ZIX159-9; CA A35957.

719 P.2d 1316 (1986)

79 Or.App. 640

Eugene I. HOSS, Petitioner, v. ADULT AND FAMILY SERVICES DIVISION, Keith Putman, Administrator, Respondent.

Court of Appeals of Oregon.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Lorey H. Freeman, Legal Aid Service, Portland, argued the cause for petitioner. With her on the brief was Amy Veranth, Portland.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

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

WARDEN, Judge.

Petitioner, an unemployed truck driver, began receiving General Assistance (GA) benefits after he had had lumbar disc surgery in August, 1984. He suffered constant pain, which was relieved somewhat by medication, and depression. In January, 1985, his grant was terminated. The hearings officer determined that petitioner was "not eligible for GA by virtue of being unemployable."

OAR 461-05-311 states:

"(1) An A/R [applicant/recipient...

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