We reject Taylor's assertion that the trial court's reliance on Ward in fashioning the jury instructions and special verdict form was error. Citing Colorado Division of Employment Training v. Hewlett, 777 P.2d 704 (Colo. 1989), and Lanes v. O'Brien, 746 P.2d 1366 (Colo.App. 1987), Taylor argues that the three-factor test set forth in Mt. Healthy and followed in Ward applies only to unemployment benefits cases where an employee contends that his or her separation from employment resulted from his or her assertion of a constitutionally protected right. However, a closer reading of Hewlett and Lanes reveals that this is not so.

“A decision of the [P]anel may not be set aside where there are findings of fact supported by substantial evidence.” Colo. Div. of Emp't & Training v. Hewlett, 777 P.2d 704, 707 (Colo.1989).