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PACIFIC NORTHWEST BELL TEL. v. EMPLOYMENT DIV.

No. 78-AB-530; CA 11297.

588 P.2d 654 (1978)

37 Or.App. 843

PACIFIC NORTHWEST BELL TELEPHONE COMPANY, a Washington Corporation, Petitioner, v. EMPLOYMENT DIVISION AND SANDRA P. VAUGHN, Respondents.

Court of Appeals of Oregon.

Decided December 26, 1978.

Attorney(s) appearing for the Case

Jonathan T. Harnish, Portland, argued the cause for petitioner. With him on brief, was Bullard, Korshoj & Smith, P.C., Portland.

Jeffrey S. Mutnick, Portland, argued the cause for respondent Sandra P. Vaughn. With him on brief, was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

No appearance for respondent Employment Division.

Before SCHWAB, C.J., and LEE, RICHARDSON and JOSEPH, JJ.

JOSEPH, Judge.

Employer appeals an order of the Employment Appeals Board which affirmed a referee's allowance of unemployment benefits to claimant. See ORS 657.282, 183.480 et seq. The primary issue is whether the Board erred as a matter of law in ruling that claimant was not discharged for misconduct connected with her work and so was not subject to the disqualification of ORS 657.176(2)(a).

On August 30, 1977, claimant suffered an on-the-job...

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