Ward v. Industrial Commission
Decision Date | 22 May 1980 |
Docket Number | No. 79CA0348,79CA0348 |
Citation | 44 Colo.App. 301,612 P.2d 1164 |
Parties | In the Matter of the claim of Edsel H. WARD, Petitioner, v. The INDUSTRIAL COMMISSION of the State of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado) and the Colorado Department of Highways, Respondents. . II |
Court | Colorado Court of Appeals |
Gail E. Shields, Denver, for petitioner.
J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, David Aschkinasi, Asst. Attys. Gen., Denver, for respondents.
Petitioner seeks review of an order of the Industrial Commission disqualifying him from the receipt of unemployment compensation benefits. The commission determined that claimant was disqualified from receipt of unemployment benefits for a period of six weeks pursuant to "Chapter 8-73-108(6)" of the Colorado Employment Security Act. Noting plain error, we set aside the order.
Petitioner was terminated from his employment on February 28, 1978. On April 6, 1978, the deputy director of the division of employment concluded that claimant was "disqualified from receipt of benefits for a period of 12 weeks . . . under the provisions of Chapter (sic) 8-73-108(6)(b)(VIII), Colorado Revised Statutes, 1976, as amended." Upon petitioner's appeal, lengthy hearings were held before a referee commencing June 5, 1978, continuing to and ending July 18, 1978. On September 22, 1978, the referee concluded that petitioner was disqualified from receiving benefits for six weeks under "Section 8-73-108(6) of the law . . . ." The order of the referee was adopted as the final order of the commission on March 28, 1979.
The commission's decision must be set aside if it is erroneous as a matter of law. Section 8-74-107(6)(d), C.R.S.1973 (1979 Cum.Supp.). Throughout the proceedings before the commission, the standard applied to all findings and conclusions was that contained in Colo.Sess.Laws 1976, Ch. 38, § 8-73-108(6)(b) (VIII) at 347.
That section stated as follows:
The General Assembly repealed § 8-73-108(6) and all subsections thereof, effective October 1, 1977. Colo.Sess.Laws 1977, Ch. 96, § 8-76-103(5) and (6) at 485. The General Assembly has not adopted other provisions incorporating the precise causes for termination contained...
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