Opinion
Jan. 11, 1972.
Editorial Note:
This case has been marked 'not for publication' by the court.
George E. Smith, Pueblo, for petitioner.
Duke W. Dunbar, Atty. Gen., Robert L. Harris, Asst. Atty. Gen., Denver, for respondents.
SILVERSTEIN, Chief Judge.
Petitioner, Huff, appeals from a final order of the Industrial Commission (Ex-officio Unemployment Compensation Commission) which denied his claim for unemployment compensation on the sole ground that he was not unemployed.
In the Colorado Employee Security Act, an employee is defined in C.R.S.1963, 82--1--3(21) as, '. . . any person, including an officer, . . . of a corporation, employed by an employing unit who, . . . performs services of any kind for and at the request of an employing unit whether or not for remuneration.' Huff was secretary of a Colorado corporation and in such capacity he performed services which took about one hour of his time each week, for which he received no remuneration. He was an employee of the corporation within the definition of the statute. In Dailey v. Division of Employment and Industrial Commission, Colo.App., 488 P.2d 243, under facts practically identical to those in the present case, we held the claimant was not entitled to unemployment compensation, since he was not unemployed within the provisions of the Act. That case is controlling here.
The order is affirmed.
DWYER and ENOCH, JJ., concur.