2017 ORS 657.282¹
Judicial review of decisions under ORS 657.275

Judicial review of decisions under ORS 657.275 (Review by Employment Appeals Board) shall be as provided for review of orders in contested cases in ORS chapter 183, except that the petition shall be filed within 30 days after the order is served. The Director of the Employment Department may file petition for judicial review in accordance with this section from decisions of the Employment Appeals Board. [1971 c.734 §94; 1983 c.522 §4]

Notes of Decisions

The substantial evidence standard, used under this sec­tion in judicial review of Board findings, es­tab­lished burden of proof by preponderance of evidence. Cook v. Employ­ment Div., 47 Or App 437, 614 P2d 1193 (1980), Sup Ct review denied

Order of Employ­ment Appeals Board that claimants were not entitled to receive unemploy­ment benefits because unemploy­ment was “due to labor dispute” was not supported by substantial evidence. Cropley v. Employ­ment Division, 72 Or App 93, 694 P2d 1025 (1985), Sup Ct review denied

Peti­tion for review of order of Employ­ment Appeals Board disqualifying peti­tioner from unemploy­ment benefits filed more than 30 days after order was dismissed as untimely, despite sub­se­quent issuance of “notice of overpay­ment.” Danz v. Employ­ment Division, 96 Or App 97, 771 P2d 649 (1989)

Chapter 657

Notes of Decisions

An individual who performs services for remunera­tion is an employee, and per­son or organiza­tion for whom services are performed is an employer under terms of Employ­ment Division Law even if remunera­tion is paid indirectly rather than directly unless employer shows that some statutory exclusion applies. Lectro Lift, Inc. v. Morgan, 14 Or App 316, 513 P2d 526 (1973)

Mere act of incorporating as professional corpora­tion does not, by itself, create employer-employee rela­tionship for purposes of this chapter. Peterson v. Employ­ment Division, 82 Or App 371, 728 P2d 95 (1986)

Determina­tion of whether claimant is qualified for benefits is made by reference to ORS 657.150 (Amount of benefits) and 657.155 (Benefit eligibility conditions), which require determina­tion of amount of work that claimant performed in “employ­ment” as defined in ORS chapter 657, which, in turn means that exclusions from “employ­ment” set out in ORS 657.040 (Employment) through 657.094 (Employment) must be considered. May Trucking Co. v. Employ­ment Dept., 251 Or App 555, 284 P3d 553 (2012)

Atty. Gen. Opinions

Determining employer of musicians’ group, (1972) Vol 35, p 1306

1 Legislative Counsel Committee, CHAPTER 657—Unemployment Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors657.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano657.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.