LONGMONT TURKEY PROC. v. IND. CLAIM APP.

No. 88CA0458.

765 P.2d 1073 (1988)

LONGMONT TURKEY PROCESSORS, INC., Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO and Ricardo Manriquez, Respondents.

Colorado Court of Appeals, Div. II.

November 17, 1988.


Attorney(s) appearing for the Case

Daniel J. Collyar, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Curt Kriksciun, Asst. Atty. Gen., Denver, for respondent The Indus. Claim Appeals Office.

No appearance for respondent Manriquez.


METZGER, Judge.

The focal issue in this case is whether an employee's consumption of alcohol during a brief, paid, rest break on the employer's premises constitutes misconduct occurring "on the job" warranting denial of unemployment compensation benefits pursuant to § 8-73-108(5)(e)(IX), C.R.S. (1986 Repl.Vol. 3B). The Industrial Claim Appeals Office (Panel) awarded Ricardo Manriquez (claimant) full benefits holding that, since claimant "was not performing services...

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