Opinion
Dec. 14, 1971
Editorial Note:
This case has been marked 'not for publication' by the court.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert L. Harris, Asst. Atty. Gen., for respondent Industrial Comm. of Colorado (ex-officio Unemployment Compensation Comm. of Colorado).
Kenneth A. Padilla, Denver, for petitioner.
No appearance for respondent Ramsey Engineering Co.
DUFFORD, Judge.
This is an unemployment compensation case. Petitioner appeals from the Industrial Commission's determination of 'No Award' on his claim for benefits following the termination of his employment at Ramsey Engineering Company. The Industrial Commission made its determination of 'No Award' under the provisions of 1969 Perm.Supp., C.R.S.1963, 82--4--8(7), on the grounds that petitioner was responsible for his own termination.
Petitioner urges that the evidence did not support the decision of the Industrial Commission. The record reveals that there was substantial conflict in the evidence as to the cause of petitioner's discharge. Where such is the case, it is for the Commission to determine the award section under which the claim falls and the manner of its application, and this Court cannot substitute its discretion and findings for that of the Industrial Commission. 1969 Perm.Supp., C.R.S. 1963, 82--5--11; Morrison Road Bar, Inc. v. Industrial Commission, 138 Colo. 16, 328 P.2d 1076.
Error is also assigned to the conduct of the Commission's hearing. By statute, the Department of Employment is permitted considerable flexibility as to the manner in which it shall conduct such hearings in order that it may fully explore and determine the rights of the parties. C.R.S. 1963, 82--5--7. In this case rigid rules of evidence and trial procedures were not followed. However, the record does not reflect any abuse of the statutory discretion which was delegated to the Commission as to the conduct of its hearings. The record also fails to disclose any acts concerning the conduct of the hearing which might be viewed as unfair or prejudicial to the rights of the claimant.
The determination of the Industrial Commission is affirmed.
COYTE and PIERCE, JJ., concur.