Opinion
No. 76-1532, CA 5528
Submitted on record and briefs March 12, 1976.
Affirmed April 12, 1976.
Judicial Review from Employment Appeals Board.
Lee A. Omlid, Eugene, filed the brief for petitioner. With him on the brief were Morrow McCrea, P.C., Eugene.
Lee Johnson, Attorney General, W. Michael Gillette, Solicitor General, and Rhidian M. M. Morgan, Assistant Attorney General, Salem, filed the brief for respondent Employment Division.
No appearance for respondent Fred Meyer, Inc.
Before Schwab, Chief Judge, and Langtry and Foley, Judges.
Affirmed.
FOLEY, J.
Petitioner was found to be disqualified for unemployment benefits because he "voluntarily left work without good cause," ORS 657.176(2)(c), by the Employment Division Administrator, by the appeals referee after hearing, and by the Employment Appeals Board on review. He asserts that the order of the Employment Appeals Board is not supported by substantial evidence and that petitioner did not, in fact, leave work without good cause.
We said in McCain v. Employment Division, 17 Or. App. 442, 445, 522 P.2d 1208 (1974):
"Since claimant voluntarily terminated suitable employment, she has the burden to show that she had 'good cause' for doing so. Stevenson v. Morgan, 17 Or. App. 428, 522 P.2d 1204 (1974); Toland v. Schneider, 94 Idaho 556, 494 P.2d 154 (1972). In Stevenson we said that 'good cause' to quit work must be such cause as would compel a reasonably prudent person to quit under similar circumstances, and that this determination is a factual evaluation based on the particular circumstances of each case. The Board's determination will be affirmed if there is * * * substantial evidence in the record to support that decision. ORS 183.480(7). Balduyck v. Morgan, 9 Or. App. 363, 497 P.2d 377 (1972)."
Our review of the record indicates that the Board's decision is supported by substantial evidence.
Affirmed.