Opinion
Sept. 5, 1973.
Editorial Note:
This case has been marked 'not for publication' by the court.
Leslie J. Johnson, pro se.
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Robert L. Harris, Asst. Atty. Gen., Denver, for respondent Industrial Commission of the State of Colorado (Ex-officio Unemployment Compensation Commission of Colorado).
ENOCH, Judge.
Leslie J. Johnson filed this petition for review of an order of the Industrial Commission (Ex-officio Unemployment Compensation Commission of Colorado) denying his claim for unemployment compensation benefits upon his separation from employment with the May D & F Company. We affirm the order of the Commission.
The only issue on review is whether there is substantial evidence to support the Commission's finding that Johnson was discharged on the basis of excessive absenteeism without authorization, and therefore was entitled to no award of benefits under the optional award provisions of 1969 Perm.Supp., C.R.S.1963, 82--4--8(7)(a).
Johnson was employed by May D & F in the department responsible for preparation of displays and exhibits. He was assigned regular working hours and days as were other employees. In September of 1972, a new display department supervisor was appointed and thereafter the relationship between Johnson and the new supervisor deteriorated to the point where there was little communication between them. On the afternoon of November 2, 1972, Johnson left work without authorization, and did not return to work until November 8, 1972, at which time he was discharged. There is also evidence that on previous occasions Johnson had been absent from work for one or two day periods without authorization.
Johnson admits the absenteeism, but contends that being absent from his place of employment does not mean he was actually absent from his work. He contends that, as a true artist, he can never be absent from his work. While claimant's status as a true artist is given considerable support by the form of his brief, there is no provision in the Colorado Employment Security Act that affords artists or any other occupational group special benefits or privileges.
In this case, Johnson's own testimony established the fact of his absenteeism and established that he was basically responsible for the separation. Where, as here, the findings of the Commission are supported by substantial evidence, its order must 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.
Order affirmed.
SILVERSTEIN, C.J., and PIERCE, J., concur.