LEE v. EMPLOYMENT DEPT.

07AB0969; A136030.

190 P.3d 453 (2008)

221 Or. App. 449

Stanley M. LEE, Petitioner, v. EMPLOYMENT DEPARTMENT and O'Neill's Tools, Inc., Respondents.

Court of Appeals of Oregon.

Decided July 30, 2008.


Attorney(s) appearing for the Case

Roger Hennagin argued the cause and filed the brief for petitioner.

Richard Wasserman, Attorney-in-Charge, waived appearance for respondent Employment Department.

No appearance for respondent O'Neill's Tools, Inc.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.


ARMSTRONG, J.

Claimant seeks review of an order of the Employment Appeals Board (board) concluding that pretax amounts withheld from claimant's paycheck and paid by employer on claimant's behalf into a "cafeteria plan" under section 125 of the Internal Revenue Code, 26 U.S.C. § 125 (2000), are excluded from claimant's wage credits under ORS 657.115(2) for the purpose of calculating claimant's weekly unemployment compensation benefit. We conclude that the board...

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