David J. STEELE, Petitioner,
v.
EMPLOYMENT DEPARTMENT and Faris Sheet Metal, Respondents.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted June 21, 1996.
Decided August 28, 1996.
Attorney(s) appearing for the Case
Gerald Brask, Jr., Portland, argued the cause for petitioner. With him on the briefs were Amy Parks, Certified Legal Intern, James McCarthy, Certified Legal Intern, Robert Randall, Certified Legal Intern, Henry Webb, Certified Legal Intern and Lewis and Clark Legal Clinic.
Jas. Adams, Assistant Attorney General, argued the cause for respondent Employment Department. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
No appearance for respondent Faris Sheet Metal.
Before DEITS, P.J., and RICHARDSON, C.J., and HASELTON, J.
Court of Appeals of Oregon.
DEITS, Presiding Judge.
Claimant was discharged after he missed work on two successive days, due to the after effects of alcohol use.1 Claimant applied for and the Employment Appeals Board (EAB) held that claimant was disqualified from receiving unemployment benefits. It concluded that the discharge was for "misconduct connected with work" under ORS 657.176(2)(a) and OAR 471-30-140(5). Claimant...
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