Opinion
Oct. 30, 1974.
Editorial Note:
This case has been marked 'not for publication' by the court.
Jack C. Sloan, Englewood, for petitioner.
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty., Gen., Robert L. Harris, Asst. Atty., Gen., Denver, for respondents Industrial Commission of Colorado (Ex-Officio Unemployment Compensation Commission of Colorado).
VanCISE, Judge.
Hill seeks this review of a decision of the Industrial Commission disqualifying him from the receipt of unemployment benefits for a period of thirteen weeks. We affirm.
Town and Country Plumbing and Heating Company employed Hill for approximately seven months as a pipe fitter and plumber before it discharged him. During this time, he missed twenty-one days of work. The Commission found that at least eleven of these days were unexcused absences, that on several occasions Hill had been drinking late at night and had failed to report for his scheduled employment the following day, that he was warned and, after he showed no improvement, he was discharged. These findings are supported by substantial evidence in the record and are therefore binding on this court. Stensvad v. Industrial Commission, 167 Colo. 140, 445 P.2d 898; Tague v. Coors Porcelain Co., 30 Colo.App. 158 490 P.2d 96. Also, the Commission determined that the provisions of 1965 Perm.Supp., C.R.S.1963, 82--4--8(6)(b)(x) denying any award to a claimant unemployed as a result of '(o)ff-the-job use of not medically prescribed intoxicating beverages . . . to a degree resulting in interference with job performance' applied. That determination must be accepted on review. Industrial Commission v. Bennett, 166 Colo. 101, 441 P.2d 648.
Hill claims reversible error in that the referee and the Commission failed to include in the record on appeal work calendars and time cards which were available at the hearing. We see no merit in this contention. The cards and calendars would only have confirmed that Hill missed twenty-one days of work, a fact which is undisputed.
Order affirmed.
PIERCE and RULAND, JJ., concur.