Opinion
Oct. 31, 1972.
Editorial Note:
This case has been marked 'not for publication' by the court.
Taussig, McCarthy & Snyder, Michael J. McCarthy, John Whitehouse Cobb, Boulder, for petitioner.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Rebert L. Harris, Asst. Atty. Gen., Denver, for respondent Colo. Industrial Comm.
ENOCH, Judge.
This is an unemployment compensation case. Petitioner Robert S. Dougherty seeks review of a final order of the Industrial Commission (Ex-officio Unemployment Compensation Commission of Colorado), which denied petitioner's claim for unemployment compensation benefits. We affirm.
The sole issue raised in this review is whether petitioner left his former employment to accept a 'better job' which would entitle him to a benefit award under the provisions of the Colorado Employment Security Act, C.R.S.1963, 82--1--1 et seq., as amended.
A determination of whether petitioner quit to accept a 'better job' is a question to be determined from the evidence. When, as here, the evidence presented would admit to two diametrically opposed conclusions, depending upon the credibility of the witnesses and the inferences one draws from the evidence, the conclusions of the Commission will be affirmed on review. Industrial Commission v. Bennett, 166 Colo. 101, 441 P.2d 648, Morrison Road Bar, Inc. v. Industrial Commission, 138 Colo. 16, 328 P.2d 1076.
There was adequate evidence before the Commission to support its conclusions, and we find no evidence on the record supportive of claimant's contention that the evidence presented was not considered.
Order affirmed.
COYTE and DWYER, JJ., concur.