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SMITHEE v. EMPLOYMENT DEPT.

06AB1970; A134559.

208 P.3d 965 (2009)

228 Or. App. 346

Benjamin W. SMITHEE, Petitioner, v. EMPLOYMENT DEPARTMENT and Nordstrom, Inc., Respondents.

Court of Appeals of Oregon.

Decided May 13, 2009.

Attorney(s) appearing for the Case

Michael A. Cox, Portland, argued the cause and filed the brief for petitioner.

Richard Wasserman, Salem, Attorney-in-Charge, Civil/Administrative Appeals, waived appearance for respondent Employment Department.

No appearance for respondent Nordstrom, Inc.

Before HASELTON, Presiding Judge, and ROSENBLUM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Claimant seeks judicial review of an Employment Appeals Board (board) determination that he did not qualify for unemployment insurance benefits because he was discharged from his 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. Claimant contends that the board erroneously applied OAR 471-030-0038, a rule of the Oregon Employment...

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