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BOARD OF WATER COM'RS v. INDUS. CLAIM

No. 94CA0108.

881 P.2d 476 (1994)

BOARD OF WATER COMMISSIONERS, DENVER WATER DEPARTMENT, Petitioner, v. The INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE OF COLORADO, DIVISION OF EMPLOYMENT AND TRAINING, and Darrin E. Johnston, Respondents.

Colorado Court of Appeals, Div. III.

August 11, 1994.

Attorney(s) appearing for the Case

Patricia L. Wells, Anne R. Avery, Denver, for petitioner.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Mary Karen Maldonado, Sr. Asst. Atty. Gen., Denver, for respondents Indus. Claim Appeals Office and Div. of Employment and Training.

No appearance for respondent Darrin E. Johnston.

Opinion by Judge PLANK.

In this unemployment compensation case, employer, the Denver Water Board, seeks review of a final order of the Industrial Claim Appeals Panel which upheld a hearing officer's decision awarding benefits to claimant, Darrin E. Johnston. We set aside the order and remand for further proceedings.

We agree with employer that the established findings of evidentiary fact do not support the hearing officer's conclusion, upheld by the Panel...

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