Chapter 21 - § 21.4 • ENTITLEMENT TO UNEMPLOYMENT INSURANCE BENEFITS

• Jurisdiction: Colorado

§ 21.4 • ENTITLEMENT TO UNEMPLOYMENT INSURANCE BENEFITS

Once the claimant establishes eligibility for UI benefits, the Division will determine whether the claimant is entitled to UI benefits based upon the reason for separation from each employment in the claimant's base period.

§ 21.4.1—Full Award Of Benefits (C.R.S. § 8-73-108(4))

A claimant will be given a full award of benefits if the Division finds that any of the following reasons or conditions existed at the time of the claimant's separation:

• The claimant was laid off because of a lack of work. C.R.S. § 8-73-108(4)(a).
• Health of the claimant. This includes situations where the health of the claimant causes him or her to have to leave employment for a period of time greater than the employer's medical leave of absence policy or the Family Medical Leave Act. Or, the health of the claimant is such that the worker must seek a new occupation, or the health of his or her spouse, partner in a civil union, or dependent child is such that the worker must leave the vicinity of the employment.⁵ C.R.S. § 8-73-108(4)(b); Hodges v. Canon Lodge Medical Investors, 879 P.2d 476 (Colo. App. 1994); Samsonite Corp. v. Industrial Comm'n, 665 P.2d 1037 (Colo. App. 1983). A claimant with an alcohol or substance use disorder may be entitled to full UI benefits depending on the circumstances surrounding the treatment of the addiction. C.R.S. § 8-73-108(4)(b)(IV); Fowler v. Carder Inc., 849 P.2d 917 (Colo. App. 1993).
• Unsatisfactory or hazardous work conditions. Unsatisfactory conditions are determined by considering the following: The degree of risk involved to the worker's health, safety, and morals; the worker's physical fitness and prior training; the worker's experience and prior earnings; the distance of the work from the worker's residence; and the working conditions of workers engaged in the same or similar work for the same and other employers in the locality. C.R.S. § 8-73-108(4)(c); Southwest Forest Industries, Inc. v. Industrial Comm'n, 719 P.3d 1098 (Colo. App. 1986); Rodco Systems v. Industrial Claim Appeals Office, 981 P.2d 699 (Colo. App. 1999); Campbell v. Industrial Claim Appeals Office, 97 P.3d 204 (Colo. App. 2003).
• Substantial change in working conditions to the detriment of the claimant. No change will be considered substantial if the prevailing conditions are similar to those of similarly situated workers. C.R.S. § 8-73-108(4)(d); Martinez v. Industrial Comm'n, 657 P.2d 457 (Colo. App. 1982); Warburton v. Industrial Comm'n, 678 P.2d 1076 (Colo. App. 1984); Jennings v. Industrial Comm'n, 682 P.2d 518 (Colo. App. 1984); Musgrave v. Industrial Claim Appeals Office, 731 P.2d 142 (Colo. App. 1986); Wargon v. Industrial Claim Appeals Office, 787 P.2d 668 (Colo. App. 1990); Arias v. Industrial Claim Appeals Office, 850 P.2d 161 (Colo. App. 1993).
• Unreasonable reduction in the claimant's rate of pay. In determining whether there has been an unreasonable reduction in the worker's rate of pay, the Division will consider, but is not limited to considering, whether the reduction in pay was applied by the employer to all workers in the same or similar class or merely to this individual, the general economic conditions prevailing in the state, the financial condition of the employer involved, and whether the reduction in wage was agreed to by other workers employed in the same or similar work. C.R.S. § 8-73-108(4)(e); Rulon v. Industrial Comm'n, 728 P.2d 739 (Colo. App. 1986).
• If the claimant is a construction worker, certain circumstances will suffice for a full award if the claimant quits his or her job to accept other work in the construction industry. C.R.S. § 8-73-108(4)(f).
• Quitting because the employer violated a written employment contract; however, the claimant must have exhausted all other remedies before quitting. C.R.S. § 8-73-108(4)(h).
• Being physically or mentally unable to perform the work or unqualified to perform the work as a result of insufficient educational attainment or inadequate occupational or professional skills. C.R.S. § 8-73-108(4)(j); Tague v. Coors Porcelain Co., 481 P.2d 424 (Colo. App. 1971); Armijo v. Industrial Comm'n, 610 P.2d 107 (Colo. App. 1980); Mesa Cnty. Pub. Lib. Dist. v. Indus. Claim Appeals Office, 2017 CO 78. Once the Division determines the existence of this condition, subsection (4)(j) does not permit inquiry into the cause of a claimant's mental inability to perform her work because identifying the "cause" of a mental impairment for purposes of determining " fault" is beyond the scope of unemployment benefits hearings under the Act. Mesa County Public Library Dist. v. ICAO, 2017 CO 78.
• Refusing with good cause to work overtime without reasonable advance notice.

...