Opinion
Rehearing Denied May 14, 1974.
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Robert L. Harris, Asst. Atty. Gen., Denver, for respondent Industrial Comm., of Colo. (Ex-Officio Unemployment Compensation Comm. of Colo.).
Charles Philip Weissinger, pro se.
No appearance by respondent Ray E. Smith.
SILVERSTEIN, Chief Judge.
Petitioner claimed unemployment compensation benefits following his discharge by his employer, the Veterans Administration Regional Office. A hearing was held before a referee who found that petitioner was basically responsible for his termination and was disqualified from receipt of benefits for a period of thirteen weeks. The Industrial Commission (Ex-offico Unemployment Compensation Commission) affirmed the decision of the referee. Petitioner seeks review of that final order. We affirm.
Petitioner asserts that the findings of the referee are inadequate and are unsupported by the evidence or the record. We find no merit in either assertion. The referee found, Inter alia, that petitioner 'is a former Federal civilian employee, and the Division (of Employment) is bound by law to base its decision on the Federal findings as to the reasons for separation from work.' This finding is in conformity with 5 U.S.C. s 8506, which governs compensation procedures for federal employees.
Petitioner asserts the 'federal findings' made by the employer's personnel officer pursuant to the federal statutes and regulations were inadequate. However, here the referee received evidence from the claimant and the employer, which included the federal findings that disclosed that claimant was terminated for, among other things, repeated tardiness in reporting for duty. Claimant's own evidence supported that finding.
The findings of the referee are more than adequate and are supported by the record. Therefore, the order must be affirmed. Gatewood v. Russell, 29 Colo.App. 11, 478 P.2d 679.
Order affirmed.
COYTE and ENOCH, JJ., concur.