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SPANN v. INDUSTRIAL COMMISSION

No. 25708.

508 P.2d 385 (1973)

James L. SPANN, Petitioner, v. INDUSTRIAL COMMISSION of the State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado) and Ardourel-Excavating Company, Respondents.

Supreme Court of Colorado, En Banc.

April 2, 1973.

Attorney(s) appearing for the Case

Jonathon B. Chase, Boulder, for petitioner.

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Robert L. Harris, Asst. Atty. Gen., Denver, for respondent Industrial Commission of State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado).

HODGES, Justice.

This is an unemployment compensation case in which the Industrial Commission denied petitioner Spann's application for compensation. On this appeal, Spann challenges the constitutionality of a portion of 1969 Perm.Supp., C.R.S.1963, 82-4-8(4)(g). This provision of the Colorado Employment Security Act deals with the quitting of a job to accept a "better job" which does not last, and when benefits may or may not be awarded, under such a situation.<...

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