PHILOMATH FOREST PRODUCTS CO. v. EMP. DIV.

86-AB-869-B, 86-AB-869-A & 86-AB-869; CA A41934.

741 P.2d 912 (1987)

86 Or.App. 678

PHILOMATH FOREST PRODUCTS CO., Petitioner, v. EMPLOYMENT DIVISION AND STEVEN L. SMITH, Respondents.

Court of Appeals of Oregon.

Decided August 5, 1987.


Attorney(s) appearing for the Case

Galen L. Bland, Portland, argued the cause and filed the brief for petitioner.

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondent Employment Div. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

David C. Force, Eugene, argued the cause and filed the brief for respondent Steven L. Smith.

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


RICHARDSON, Presiding Judge.

Employer seeks review of EAB's amended order, in which it withdrew its original order and allowed unemployment benefits to claimant, whom employer discharged after a random drug test revealed evidence of marijuana in his system. The amended order adopted the decision of the referee, who concluded that claimant's drug use was not misconduct connected with his work and allowed benefits. ORS 657.176(2)(a). In its first order, EAB had reversed...

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