HOFFMAN CONST. CO. v. EMPLOYMENT DEPT.

(99-AB-1505; CA A108110)

21 P.3d 1098 (2001)

173 Or. App. 420

HOFFMAN CONSTRUCTION CO., Petitioner, v. EMPLOYMENT DEPARTMENT and Norman W. Anderson, Respondents.

Court of Appeals of Oregon.

Decided April 4, 2001.


Attorney(s) appearing for the Case

David H. Wilson argued the cause for petitioner. With him on the opening brief were Daniel R. Barnhart and Bullard, Korshoj, Smith & Jernstedt, Portland.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondent Employment Department. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

No appearance by respondent Norman W. Anderson.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

Employer petitions for judicial review of a decision of the Employment Appeals Board (EAB) that claimant was entitled to receive unemployment benefits. Employer asserts that EAB erred in several respects by concluding that employer did not test claimant pursuant to a reasonable pre-employment drug testing policy and that claimant's act of adulterating his urine sample therefore did not constitute misconduct connected with work. We review EAB's legal conclusions...

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