Martinez v. INDUSTRIAL COM'N OF STATE

COYTE, Judge.

Petitioner seeks review of a final order of the Industrial Commission denying him unemployment benefits. We set aside the order.

The Commission found that petitioner had voluntarily quit his job and was ineligible for benefits pursuant to § 8-73-108(9)(a)(I), C.R.S.1973 (1982 Cum.Supp.). Petitioner contends that the Commission erred in applying the facts of this case to the above section. We agree. Furthermore, we conclude that applying the proper standard found in § 8-73-108(4)(d), C.R.S. 1973 (1982 Cum.Supp.), claimant is entitled to an award of benefits.

The petitioner was…