Opinion
No. 75-665
Decided March 4, 1976.
In unemployment compensation claim, claimant sought additional award under penalty provisions for employer's false statement that resulted in delay of his receipt of benefits.
Order Set Aside
1. UNEMPLOYMENT COMPENSATION — Delay in Payment of Benefits — False Statement By Employer — Penalty — Statute. Where an employer falsely stated the reasons for employee's separation from employment which statement caused a delay in payment of unemployment compensation benefits, employee was entitled to an additional award under the penalty provisions of the statute.
Review of Order from the Industrial Commission of the state of Colorado
Holland Hart, Gregory A. Eurick, for petitioner.
J. D. MacFarlane, Attorney General, Jean E. Dubofsky, Deputy Attorney General, Edward G. Donovan, Assistant Attorney General, Louis L, Kelley, Assistant Attorney General, for respondent Industrial Commission.
No appearance for respondent Western Plywood Lumber Co.
Division III.
Appellant has alleged that Western Plywood Lumber Company falsely stated the reason for his separation from employment which resulted in a delay in payment of unemployment compensation benefits, and that this entitles him to an additional one-half award under the penalty provisions of § 8-81-101(1)(c), C.R.S. 1973, which states, in pertinent part:
"If any employer makes or causes to be made a false statement as to the reason for a claimant's separation from employment . . . which statement . . . shall result in a delay in the payment of benefits to any such claimant, such employer shall be penalized by having his account charged with one and one-half times the amount of benefits due during the period of the delay and with one hundred percent of all other benefit payments paid to the claimant thereafter during his current benefit year, any other provisions of articles 70 to 82 of this title to the contrary notwithstanding, and the claimant shall be compensated by being paid one and one-half times his weekly benefit amount for the period of the delay. 'The period of delay' as used in this section shall be determined by the division, and such determination shall be binding upon all parties affected and shall not be subject to review. The penalty imposed by this paragraph (c) shall be in addition to and not in lieu of any other penalty, civil or criminal, provided in articles 70 to 82 of this title."
He further maintains that the Industrial Commission failed to make the ultimate findings with regard to this entitlement.
Respondents have admitted error as to both of these specifications.
[1] We have reviewed the record and determined that the allegations of error are well taken and are confirmed by the record. There is a clear and unequivocal admission of the intentional falsity of the statement in the testimony of witness Kruse, who testified for the respondent Western Plywood Lumber Company. See Industrial Commission v. Emerson Western Co., 149 Colo. 529, 369 P.2d 791. We therefore set aside the order of the Industrial Commission and remand the case to the Commission for determination of the benefit allowance due petitioner under § 8-81-101(1)(c), C.R.S. 1973.
Order set aside and cause remanded with directions.
JUDGE SMITH and JUDGE BERMAN concur.