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Robb v. Employment Division

Oregon Court of Appeals
Nov 2, 1981
635 P.2d 392 (Or. Ct. App. 1981)

Opinion

No. 80-AB-1251, CA 19950

Argued and submitted July 24, 1981

Affirmed November 2, 1981

Judical Review from Employment Appeals Board.

Sidney A. Galton, Portland, argued the cause for petitioner. With him on the brief was Galton, Popick Scott, Portland.

William F. Gary, Solicitor General, Salem, argued the cause for respondent Employment Division. With him on the brief were Dave Frohnmayer, Attorney General, and James C. Rhodes, Assistant Attorney General, Salem.

Michael Lee McDonough, Salem, argued the cause and filed the brief for respondent Salem Public Schools.

Before Richardson, Presiding Judge, and Thornton and Van Hoomissen, Judges.


THORNTON, J.

Affirmed.


Claimant appeals from an Employment Appeals Board (EAB) decision reversing a referee's determination that claimant left her work voluntarily with good cause and was entitled to unemployment compensation. ORS 657.176(2)(c).

ORS 657.176(2)(c) states:

"(2) If the authorized representative designated by the assistant director finds:

"* * * * *
"(c) The individual voluntarily left work without good cause, * * *."

Claimant contends certain findings were not supported by substantial evidence and argues that the EAB's conclusions were "substantially in error." The Board found that claimant was disqualified from receiving benefits pursuant to ORS 657.176(2) (c). The Board concluded that the evidence did not establish that she "had no reasonable alternative but to leave work." OAR 471-30-038(4).

OAR 471-30-038(4) provides:

"Good cause for voluntarily leaving work under ORS 657.176(2)(c) is such that a reasonable and prudent person of normal sensitivity, exercising ordinary commonsense, would leave work. The reason must be of such gravity that the individual has no reasonable alternative but to leave work."

Claimant places considerable reliance on Sothras v. Employment Division, 48 Or. App. 69, 616 P.2d 524 (1980). Sothras stands for the proposition that the Employment Division may consider personal, non-job related problems in determining if an employee has "good cause" for leaving his or her employment. Nothing in Sothras requires reversal of the Board's decision in the case at bar. After reviewing the evidence, the Board concluded that claimant failed to establish that the stress problems she was experiencing were of such gravity that she had no alternative but to resign. We find the Board's conclusions to be supported by substantial evidence in the record. ORS 183.484(4)(c); Grigsby v. Employment Div., 24 Or. App. 499, 501, 546 P.2d 788 (1976).

Affirmed.


Summaries of

Robb v. Employment Division

Oregon Court of Appeals
Nov 2, 1981
635 P.2d 392 (Or. Ct. App. 1981)
Case details for

Robb v. Employment Division

Case Details

Full title:ROBB, Petitioner, v. EMPLOYMENT DIVISION et al, Respondents

Court:Oregon Court of Appeals

Date published: Nov 2, 1981

Citations

635 P.2d 392 (Or. Ct. App. 1981)
635 P.2d 392

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