Kroetch v. Employment Dept.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 12-10-2014
  • Case #: A152821
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Tookey, J.; & Schuman, S.J.
  • Full Text Opinion

Where the Employment Appeals Board decision fails to explain a credibility determination for whether there is good cause for a late filing it is without substantial reason.

Claimant sought judicial review of the Employment Appeals Board’s (EAB) decision to deny her unemployment benefits. Claimant’s employment was terminated by Wells Fargo and she sought unemployment benefits. Originally, the Employment Department allowed claimant unemployment benefits. Thereafter, Wells Fargo submitted an untimely request to contest the unemployment compensation. The administrative law judge (ALJ) determined that Wells Fargo lacked good cause for filing a late hearing request. The ALJ’s decision was reversed by the EAB, who determined that Wells Fargo did have a good cause for filing a late hearing request because it received incorrect advice from the department, thus claimant’s benefits were denied. On appeal, the Court held that the EAB failed to explain why it did not agree with the credibility determination that the ALJ based its conclusion that there was not a good cause for filing a late hearing request. Therefore, without a clear explanation for an untimely request, the EAB’s decision to reverse is not supported by substantial reason. Reversed and remanded.

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