DAMON v. INDUSTRIAL COM'N

No. 83CA0043.

677 P.2d 431 (1983)

In the Matter of the Claim of Dick DAMON, Petitioner, v. INDUSTRIAL COMMISSION of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado), and Colorado Disposal, Inc., Respondents.

Colorado Court of Appeals, Div. II.

December 22, 1983.


Attorney(s) appearing for the Case

Kent Denzel, Commerce City, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Patricia A. Blizzard, Asst. Atty. Gen., Denver, for respondent Indus. Com'n.

Robert G. Good, Littleton, for respondent Colorado Disposal, Inc.


KELLY, Judge.

Claimant seeks review of a final order of the Industrial Commission reducing his unemployment compensation benefits for violating a company rule. See § 8-73-108(9)(a)(VII), C.R.S.1973 (1982 Cum.Supp.). He contends that the employer failed to carry its burden of establishing that his violation of the rule was material to the performance of his duties. We set aside the order.

Claimant was a heavy equipment operator at the employer's...

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