Colorado State Judicial Department v. INDUSTRIAL COMMISSION OF STATE OF COLORADO

SILVERSTEIN, Judge. *

Petitioner, Colorado State Judicial Department (Department), seeks reversal of a final order of the Industrial Commission which awarded respondent Joseph V. Medina full unemployment compensation benefits which follow his discharge by the Department. We affirm.

The facts are undisputed. Medina was discharged because of excessive absenteeism. The Department admitted that all of Medina’s absences were the result of illness. The major symptom of that illness was pain stemming from a work-related back injury.

The referee determined that Medina was discharged because of…