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MOORE v. DIGITAL EQUIPMENT CORP.

Nos. 93CA0223, 93CA0569.

868 P.2d 1170 (1994)

Ernest E. MOORE and Mark R. Fox, Petitioners, v. DIGITAL EQUIPMENT CORPORATION, c/o Automatic Data Processing; The Industrial Claim Appeals Office of the State of Colorado; and Division of Employment and Training of the State of Colorado, Respondents.

Colorado Court of Appeals, Div. I.

January 27, 1994.

Attorney(s) appearing for the Case

Hellman & Knight, P.C., Jonathan J. Hellman, Robert J. Weisbard, Englewood, for petitioners.

No appearance for respondent Digital Equipment Corp.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John D. Baird, Asst. Atty. Gen., Denver, for respondents Industrial Claim Appeals Office and Division of Employment and Training.

Opinion by Judge CRISWELL.

This consolidated review proceeding by claimants, Ernest E. Moore and Mark R. Fox, presents the issue whether a lump sum payment made to an employee upon that employee's termination in consideration of the employee's release of all common law and statutory claims against the employer and other parties constitutes a "severance allowance" within the meaning of § 8-73-110(1), C.R.S. (1993 Cum.Supp.), so that such payment

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