STONE FOREST INDUSTRIES, INC. v. EMPLOYMENT DIV.

Agency No. 93-AB-1226; CA A80328.

873 P.2d 474 (1994)

127 Or. App. 568

STONE FOREST INDUSTRIES, INC., Petitioner, v. EMPLOYMENT DIVISION and Jeffrey A. Morton, Respondents.

Court of Appeals of Oregon.

Decided April 27, 1994.


Attorney(s) appearing for the Case

A.E. Bud Bailey, argued the cause for petitioner. With him on the brief was Werst Shields Bailey.

Youlee Yim You, Asst. Atty. Gen., argued the cause for respondent Employment Div. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

No appearance for respondent Jeffrey A. Morton.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.


ROSSMAN, Presiding Judge.

Employer suspended claimant from his job after marijuana metabolites were found in claimant's system in a drug test required by employer. Claimant applied for unemployment benefits. He admitted that he had smoked marijuana two or three days before the test. However, the test itself is incapable of revealing when the drug was ingested and, at the hearing on the claim, employer did not prove that claimant...

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