Supreme Court of Colorado

Mesa County Public Library District, Petitioner v. Industrial Claim Appeals Office and Laurie A. Gomez, Respondents

June 26, 2017396 P.3d 1114

Summary

The court held that once the Division determines under section 8-73-108(4)(j) that a claimant was mentally unable to perform assigned work, the Division may not further inquire into the cause of that mental condition to determine fault. Because the hearing officer found that Gomez was mentally unable to perform the required work, the officer erred by attributing fault to her for developing the condition and disqualifying her from benefits. The court affirmed the court of appeals' judgment. Justice Coats, dissenting, would have permitted further inquiry into the claimant's responsibility for causing her inability to perform.