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CUMMINGS v. EMPLOYMENT DEPT.

08AB2468; A141070.

230 P.3d 83 (2010)

235 Or. App. 167

Marlene N. CUMMINGS, Petitioner, v. EMPLOYMENT DEPARTMENT and Hooker Creek Companies, LLC, Respondents.

Court of Appeals of Oregon.

Decided April 28, 2010.

Attorney(s) appearing for the Case

Kevin Carolan and Kevin Carolan, P.C., filed the brief for petitioner.

Marlene Cummings filed the reply brief pro se.

Joan W. Reese and Garrett Hemann Robertson P.C. filed the brief for respondent Hooker Creek Companies LLC.

Denise G. Fjordbeck, Attorney-in-Charge, Civil/Administrative Appeals, waived appearance for respondent Employment Department.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Claimant seeks judicial review of an order of the Employment Appeals Board (board) determining that she did not qualify for unemployment compensation benefits because she was discharged from her employment for misconduct. ORS 657.176(2)(a) disqualifies a person who "[h]as been discharged for misconduct connected with work" from receiving unemployment compensation benefits. OAR 471-030-0038(3) defines "misconduct" as a "willful or wantonly negligent violation...

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