Kroetch v. Employment Dept.

Under ORS 657.471, a request for an appeal for relief to an employer for unemployment charges can only be made after the eligibility decision has been made. Johnson v. Employment Div., 124 Or App 77, 81 (1993).

Claimant, Barnett, appealed a final order by the Employment Appeals Board (EAB) that denied unemployment benefits. Barnett assigned error to EAB’s refusal to accept the employer’s “Form 197” with 88 pages outlining the reasons behind his discharge. The EAB’s original eligibility denial was made after the form due date passed, before the appeal time frame had come due. However, on the same day that original eligibility determination was made, a letter was mailed to Barnett that granted benefits. Employer then submitted an appeal request after receiving the original determination, but also after the appeal time frame had expired. On appeal, Barnett argued that ORS 657.269(1)(2), which provides that unless a “request for hearing upon the decision” is filed timely, then the original decision is final, but the additional pages attached to the form submitted by the employer is a clear indication of a request for a hearing. Under ORS 657.471, a request for an appeal for relief to an employer for unemployment charges can only be made after the eligibility decision has been made. Johnson v. Employment Div., 124 Or App 77, 81 (1993). The Court of Appeals found that the appeal was not timely filed under ORS 657.471 because the form and additional pages did not “implicitly acknowledge” the determination decision nor was it filed after the decision was made. The Court held the form and attachments did not show not an intent to appeal the original eligibility decision. Reversed and remanded.