Campbell v. Industrial Claim Appeals Office

97 P.3d 204, 2003 Colo. App. LEXIS 1930, 2003 WL 22965083
CourtColorado Court of Appeals
DecidedDecember 18, 2003
DocketNo. 03CA0595
StatusPublished
Cited by4 cases

This text of 97 P.3d 204 (Campbell v. Industrial Claim Appeals Office) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. Industrial Claim Appeals Office, 97 P.3d 204, 2003 Colo. App. LEXIS 1930, 2003 WL 22965083 (Colo. Ct. App. 2003).

Opinions

Opinion by

Judge ROTHENBERG.

In this unemployment benefits case, petitioner, Billy J. Campbell, Jr. (claimant), seeks review of a final order of the Industrial Claim Appeals Office (Panel) that reversed a hearing officer’s decision awarding him such benefits. We set aside the order and remand with directions to reinstate the decision of the hearing officer.

I. Background

Claimant was employed as a salaried shipping and warehouse manager for Autotron Products Inc. (employer) for eighteen years. His scheduled hours were from 7:30 a.m. to 4:00 p.m. Monday through Friday, or approximately forty hours per week. He worked at that schedule from June 1984 until May 30, 2002, when he resigned.

At the hearing, claimant testified, and the hearing officer found, that during the last two years of his employment, his work hours increased significantly. He testified that his employer required him to work ten to eleven hours daily, and another six to eight hours eighty percent of the Saturdays. The hearing officer found that while a typical work week for claimant was not necessarily forty hours per week, during his last two years on the job, he was working a “minimum” of sixty-six hours per week. He had not received a raise since July 1999, and he received no overtime pay.

Claimant testified that he reported the problem to his supervisor on several occasions, expressing his repeated concern that he could not be effective at his job without the help of additional shipping clerks. There [207]*207also was testimony that employer recognized the problem and tried to accommodate claimant, but was unable to do so because of the turnover at the warehouse.

The hearing officer granted claimant a full award of benefits pursuant to § 8-73-108(4)(c), C.R.S.2003, finding that he quit his job because of unsatisfactory working conditions.

On review, the Panel accepted the hearing officer’s finding regarding the cause of claimant’s separation, although it found he worked between fifty-six and sixty-three hours per week, rather than the minimum of sixty-six hours per week found by the hearing officer. However, the Panel overturned the conclusion of the hearing officer that claimant was entitled to benefits.

The Panel concluded (1) there was no basis in the record for the hearing officer’s determination that claimant’s working conditions were objectively unsatisfactory under § 8-73-108(4)(c); (2) the hearing officer’s decision was based on limited evidence regarding the number of hours claimant worked; and (3) being required to work fifty-six to sixty-three hours per week does not, per se, constitute “unsatisfactory working conditions” within the meaning of the statute.

The Panel cited Arias v. Indus. Claim Appeals Office, 850 P.2d 161 (Colo.App.1993), for the proposition that the absence of evidence concerning the working conditions of similarly engaged workers did not preclude an award of benefits under § 8-73-108(4)(c). However, the Panel then concluded that:

[The] limited evidence [in the record] fails to establish that the working conditions were objectively unsatisfactory based on the factors enumerated in the statute or other comparable considerations. Although the hearing officer found the claimant informed the employer that the claimant “could not” continue to work the hours, the claimant related this to his ability to be effective, and did not testify that he was somehow unable to continue working. Moreover, the hearing officer found that the employer was making attempts to obtain additional personnel, and there is no evidence the employer was dissatisfied with the claimant’s performance.

The Panel disqualified claimant from the receipt of benefits pursuant to § 8-73-108(5)(e)(XXII), C.R.S.2003 (providing for disqualification when job separation results from quitting for personal reasons that do not support an award of benefits under other statutory provisions). Claimant appealed.

Employer has not participated in this appeal.

II. Statutory Interpretation

Claimant contends the Panel erred in reversing the hearing officer’s decision awarding him benefits under § 8-73-108(4)(c). We agree.

A court’s primary task in construing a statute is to give effect to the intent of the General Assembly. Courts should interpret statutory terms in accordance with their plain and ordinary meaning, and a statute must be construed as a whole. Therefore, we must give consistent, harmonious, and sensible effect to all of its parts. Freedom Newspapers, Inc. v. Tollefson, 961 P.2d 1150 (Colo.App.1998); Lymbum v. Symbios Logic, 952 P.2d 831 (Colo.App.1997).

A. Alternative Claims

First, we note that in the document entitled “Initial Request for Job Separation Information” that claimant filed with the Department of Labor and Employment, he checked off boxes indicating he was entitled to benefits for either unsatisfactory working conditions under § 8-73-108(4)(c) or for a substantial change in working conditions under § 8-73-108(4)(d).

However, the hearing officer only addressed claimant’s entitlement to benefits for unsatisfactory working conditions under § 8-73 — 108(4)(e). Neither the hearing officer nor the Panel addressed whether claimant was also entitled to benefits for a substantial change in working conditions under § 8-73-108(4)(d). Likewise, claimant’s entitlement under § 8 — 73—108(4)(d) was not raised by either party on appeal.

Therefore, we conclude the applicability of § 8 — 73—108(4)(d) is not before us.

[208]*208B. Standard of Review and Burden of Proof

Section 24-4-105(15)(b), C.R.S. (2003) provides, in part, that findings of evidentiary-fact, as distinguished from ultimate conclusions of fact, made by the administrative law judge or hearing officer “shall not be set aside by the agency on review of the initial decision unless such findings of evidentiary fact are contrary to weight of evidence. See Samaritan Inst v. Prince-Walker, 883 P.2d 3 (Colo.1994); Clark v. Colorado State University, 762 P.2d 698 (Colo.App.1988).

In Samaritan Inst. v. Prince-Walker, supra, 883 P.2d at 10, the supreme court explained:

Unlike the substantial evidence standard, the Colorado APA weight of the evidence standard is phrased in the negative.... The negative phrasing of this standard establishes a baseline assumption that the hearing officer’s findings of evidentiary fact are accurate. In situations in which the evidence could equally support alternative findings, the hearing officer’s finding may not be set aside.

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97 P.3d 204, 2003 Colo. App. LEXIS 1930, 2003 WL 22965083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-industrial-claim-appeals-office-coloctapp-2003.