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FRANKLIN v. EMPLOYMENT DEPT.

11AB0569; A148253.

294 P.3d 554 (2013)

254 Or. App. 656

Suzanne G. FRANKLIN, Petitioner, v. EMPLOYMENT DEPARTMENT and Milwaukie Convalescent Hospital, Inc., Respondents.

Court of Appeals of Oregon.

Decided January 30, 2013.

Attorney(s) appearing for the Case

Thomas K. Doyle filed the briefs for petitioner.

Peter D. Hawkes and Lane Powell, PC, filed the brief for respondent Milwaukie Convalescent Hospital, Inc.

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

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge Pro Tempore.

DUNCAN, J.

Claimant seeks review of a final order of the Employment Appeals Board (EAB) determining that she was discharged for "misconduct connected with work," ORS 657.176(2)(a), and, therefore, that she is not eligible for unemployment benefits. The EAB concluded that an on-the-job error that claimant made, which gave rise to a disciplinary proceeding against her by the Oregon State Board of Nursing (Board of Nursing), was not misconduct. However, it reasoned that...

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