Sanger v. Employment Dept.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 09-16-2015
  • Case #: A156974
  • Judge(s)/Court Below: Ortega, P.J.; Lagesen, J.; & Garrett, J. Per Curiam.
  • Full Text Opinion

The Employment Appeals Board is required to review de novo appeals regarding unemployment benefits.

An Administrative Law Judge (ALJ) determined that Sanger was not entitled to unemployment compensation for certain weeks in which the ALJ determined he was unable to work. Sanger appealed to the Employment Appeals Board (EAB), which affirmed the ALJ’s decision. Sanger appealed to the Oregon Court of Appeals for review, claiming that the EAB erred when it held that Sanger had the burden “to rebut” the EAB’s presumption that statements he had made regarding his inability to work were reliable. Sanger argued that this conflicted with Dennis v. Employment Div., in which the EAB’s establishment of such a presumption violated ORS 657.275(2), requiring the EAB to review records de novo. The Oregon Court of Appeals found no law imposing the EAB to hold a petitioner to such a standard, and reversed the decision for the EAB to review the case de novo. Reversed and remanded.

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