Campbell v. Employment Department
Case #: A150346
Hadlock, J. for the Court; Ortega, P.J.; and Sercombe, P.J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A150346.pdf
Employment Law: An order by the EAB will be upheld if it is supported by substantial evidence and reason.
Campbell sought review of a final order in which the Employment Appeals Board (EAB) denied her unemployment insurance benefits because that she voluntarily resigned from her job without good cause. Campbell argued that the EAB’s determination is impermissible because it lacks evidence and reason to support it and that the decision is inconsistent with the Court’s ruling in Campbell I. The Court of Appeals disagreed with both of the Campbell's arguments and affirmed the EAB’s decision. Regarding Campbell's first argument, the Court held that she had not identified any flaw in the final determination or in the analysis done by the EAB. In considering her second argument, the Court reasoned that their ruling in Campbell I did not establish the affirmative holding in which Campbell argued it did. The determination that the EAB’s reasoning did not support the conclusion that Campbell lacked good cause for leaving work is not the same as holding that Campbell did establish good cause for leaving her job and therefore Campbell's argument failed. The Court also stated that the standard for reviewing administrative agency decisions is whether there is substantial evidence supporting the agency’s decision and whether that agency correctly applied the law. In applying the standard of review, the Court ruled that there was no basis to overrule the EAB’s order on reconsideration. Affirmed.