Unemployment benefits, heroin, public employee, evidence, policy and procedure.

The petitioner, a former custodian in the Portland public school district, appeals a state benefits review board's rejection of his application for unemployment benefits. The custodian, an admitted heroin addict, voluntarily left his position because he was afraid his substance abuse would be detected by school officials. The custodian said he intended to enroll in a treatment program but never received treatment. He later applied for unemployment benefits. The school district objected to his application.

The state's benefits review board rejected the custodian's application for benefits. The board ruled that the custodian voluntarily left his position with the school district and made no effort to find employment on his own. The custodian now appeals.

The custodian loses. The Oregon Court of Appeals affirmed the ruling of the benefits review board. The appeals court ruled there was sufficient evidence to indicate the voluntarily left his position.