Babcock v. Employment Div

In Babcock v. Employment Div., 72 Ore. App. 486, 696 P.2d 19, 20 (Or. Ct. App. 1985), the plaintiff averred that the Employment Appeals Board violated Oregon's statutes and rules when it conducted a telephone hearing in deciding to deny her unemployment benefits. Specifically, the plaintiff asserted that the Administrative Law Judge (ALJ) could not adequately determine the witnesses' demeanor and credibility. Id. at 21. The Oregon court concluded that although the physicality of a witness was a clue to credibility, a witness' assertion and how he or she asserted it was of equal and greater value. Id. "Beyond testing credibility by the inherent plausibility of a witness' testimony . . .," the court concluded that the "audible indicia of a witness' demeanor was sufficient" for the ALJ to find an adequate judgment concerning believability. Id.