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SOSA v. INDUS. CLAIM APPEALS OFC. OF STATE

No. 10CA1671.

259 P.3d 558 (2011)

Lauro SOSA, Petitioner, v. INDUSTRIAL CLAIM APPEALS OFFICE OF the STATE of Colorado and Swift Beef Company, Respondents.

Colorado Court of Appeals, Division VII.

July 7, 2011.

Attorney(s) appearing for the Case

Ira A. Sanders , Greeley, Colorado, for Petitioner.

John W. Suthers , Attorney General, A.A. Lee Hegner , Assistant Attorney General, Denver, Colorado, for Respondent Industrial Claim Appeals Office.

Sherman & Howard, L.L.C., Vance O. Knapp , Heather Fox Vickles , Denver, Colorado, for Respondent Swift Beef Company.

Sherman & Howard, L.L.C., Theodore A. Olsen , Denver, Colorado, for Amicus Curiae Mountain States Employers Council, Inc.

Opinion by Judge FURMAN.

Petitioner, Lauro Sosa (claimant), seeks review of a final order of the Industrial Claim Appeals Office (Panel) disqualifying him from receiving unemployment benefits under section 8-73-108(5)(e)(IX.5), C.R.S. 2010 ("presence in an individual's system, during working hours, of not medically prescribed controlled substances"). The Panel reversed a hearing officer's decision that claimant was not at fault in connection with his separation from...

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