Mountain States Telephone and Telegraph Co. v. Industrial Commission of the State of Colorado and Karletta K. Clark

Summary

The Colorado Court of Appeals reviewed an Industrial Commission decision awarding full unemployment compensation benefits to an employee discharged for excessive absenteeism. The court held that illness, even if not necessarily disabling, may constitute a physical inability to perform work under Colorado law, while recognizing that minor illnesses may warrant only a reduced award. The court affirmed because the Commission's factual findings were supported by substantial evidence.

Holdings

1. Illness that is not necessarily disabling may constitute a physical inability to perform work under section 8-73-108(4)(j). Thus, an employee discharged for excessive absenteeism caused by illness may receive a full unemployment-benefit award when the illness physically prevented the employee from working.
2. The Commission's finding that Clark's illnesses constituted a physical inability to perform her work was supported by substantial evidence and was conclusive on review.

Questions Presented

1. Whether incidental illnesses causing excessive absenteeism can constitute a physical inability to perform work under section 8-73-108(4)(j), thereby entitling a discharged employee to a full unemployment-benefit award.
2. Whether the Industrial Commission's finding that Clark's illnesses constituted a physical inability to perform her work was supported by substantial evidence.

Disposition

affirmed