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SIMS v. INDUSTRIAL COM'N OF COLO.

Nos. 80SC82, 80SC86.

627 P.2d 1107 (1981)

Charles R. SIMS, Petitioner, v. The INDUSTRIAL COMMISSION OF COLORADO (Ex-Officio Unemployment Compensation Commission of Colorado); Robert J. Ore, Executive Director of the Colorado Department of Labor and Employment; Kenneth C. Russel, Mike L. Baca, and Richard J. Wise, Commissioners, and Curtis Mathis Electronics Company Incorporated, employer, Respondents. William H. ALBAITIS, Petitioner, v. INDUSTRIAL COMMISSION OF the State of COLORADO (Ex-Officio Unemployment Compensation Commission of Colorado), and Colorado Department of Labor and Employment, Respondents.

Supreme Court of Colorado, En Banc.

May 4, 1981.

Attorney(s) appearing for the Case

Quiat, Bucholtz, Bull & Laff, P.C., Alan H. Bucholtz, Denver, for petitioner Sims.

William E. Benjamin, Commerce City, for Petitioner Albaitis.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Abby L. Pozefsky, David Aschkinasi, Asst. Attys. Gen., Denver, for respondents.

HODGES, Chief Justice.

We granted certiorari in these cases to review decisions of the court of appeals affirming the Industrial Commission's reduced award of unemployment benefits to claimants Sims and Albaitis. Both cases raise the same issue, and were therefore consolidated by this court for oral argument and decision. We reverse the judgment in Sims v. Industrial Commission (Court of Appeals No. 79CA0644, announced February 7, 1980 (Not Selected for Official...

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