INDUSTRIAL COMMISSION v. EMERSON WESTERN COMPANY

No. 19794.

369 P.2d 791 (1962)

The INDUSTRIAL COMMISSION of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), Norma Jean Tasker, Virginia L. Pate, Mildred J. Flood, and Rose Ruth Babbitt, Plaintiffs in Error, v. The EMERSON WESTERN COMPANY, a Colorado Corporation, Defendant in Error.

Supreme Court of Colorado. In Department.

March 19, 1962.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Peter L. Dye, Asst. Atty. Gen., for Industrial Commission. Graham & Scheunemann, Denver, for Individual Plaintiffs in error.

Ernest O. Tullis, Clinton M. Cole, Colorado Springs, for defendant in error.


Opinion by Mr. Justice SUTTON.

This is an action for a penalty assessment against an employer under the Colorado Employment Security Act (C.R.S. '53, 82-4-9(1)).

The sole determinative question is whether the defendant in error employer, hereinafter called Emerson, made a false statement as to the reason for the separation of employees from its service which in turn resulted in a delay in the payment of benefits to certain former employees who are claimants...

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