Nichols v. Employment Dept

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Employment Law
  • Date Filed: 10-03-2012
  • Case #: A148099
  • Judge(s)/Court Below: Per Curiam
  • Full Text Opinion

Proceedings that derive from ORS 657.270, ORS 657.275, and ORS 657.292, may be used under ORS Chapter 657 for the purposes of preclusion.

Employment Department appealed a judgment of the Court of Appeals' opinion affirming the Employment Appeals Board decision of the Administrative Law Judge in not admitting a letter stating she was laid off. The Petitioner filed a claim after leaving work for unemployment benefits. It was later revealed that she had left voluntarily. The Employment Department sent notice of overpayment. Petitioner requested a hearing and an Administrative Law Judge affirmed the overpayment notice. It was then reviewed by the Employment Appeals Board and upheld claiming that the arguments put forth by the petitioner were not relevant to the issue of the overpayment notice. The Court of Appeals held that the Court should have reviewed the board's decision and granted reconsideration. The Court held that an overpayment assessment could not be challenged by showing a person was actually owed those benefits. Reconsideration allowed; former opinion withdrawn; affirmed.

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