Damon v. Industrial Commission

KELLY, Judge.

Claimant seeks review of a final order of the Industrial Commission reducing his unemployment compensation benefits for violating a company rule. See § 8-73-108(9)(a)(VII), C.R.S.1973 (1982 Cum.Supp.). He contends that the employer failed to carry its burden of establishing that his violation of the rule was material to the performance of his duties. We set aside the order.

Claimant was a heavy equipment operator at the employer’s landfill. After his hiring, the employer instituted a policy requiring all workers to have a valid driver’s license. The claimant’s license was…