SCHMIDT v. INDUSTRIAL COMMISSION

No. 78-658.

600 P.2d 76 (1979)

Carl Y. SCHMIDT, Petitioner, v. INDUSTRIAL COMMISSION of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and Colorado Division of Employment, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 29, 1979.

Certiorari Denied September 10, 1979.


Attorney(s) appearing for the Case

William E. Benjamin, Denver, for petitioner.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Timothy R. Arnold, Sp. Asst. Atty. Gen., Denver, for respondents.


SMITH, Judge.

In this unemployment compensation case, the claimant Carl Y. Schmidt, seeks review of a final order of the Industrial Commission directing that an overpayment of benefits which the claimant received be recovered by the Division of Labor and Employment when and if claimant qualifies for benefits in the future. We set aside the order and remand the cause with directions.

The Commission determined that the overpayment resulted from the failure of...

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