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JOHNSON v. EMPLOYMENT DEPT.

99-AB-1779, 99-AB-1945; A108546.

34 P.3d 716 (2001)

177 Or. App. 464

Tom W. JOHNSON, Petitioner, v. EMPLOYMENT DEPARTMENT and Deschutes County, Respondents.

Court of Appeals of Oregon.

Decided October 31, 2001.

Attorney(s) appearing for the Case

Milly Whatley argued the cause for petitioner. On the briefs were Roxanne L. Farra and Philip R. Anderson.

Kelly Knivila, Assistant Attorney General, and Mark P. Amberg, Deschutes County Legal Counsel, argued the cause for respondents. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Lainie F. Block, Assistant Attorney General.

Before HASELTON, Presiding Judge, and WOLLHEIM, Judge, and LIPSCOMB, Judge pro tempore.

HASELTON, P.J.

Claimant seeks judicial review of two orders of the Employment Appeals Board (EAB). The first order denied claimant unemployment benefits on the ground that he was discharged for misconduct connected with his work. ORS 657.176(2). The second order denied claimant's request for reconsideration and to reopen the record. ORS 657.290. Because we agree with claimant that, under Potter v. Employment Dept., 150 Or.App. 476

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