Olivas v. Industrial Commission

The factual issue in this case is whether claimant was offered and accepted a "better job" as defined by 1969 Perm. Supp., C.R.S. 1963, 82-4-8(4)(g)(i), prior to leaving Denver Brick and Pipe Company, or whether he was fired by his employer prior to accepting a new job. At the hearing, claimant testified that sometime in late March he was offered and accepted a job with a construction company and notified his foreman at Denver Brick that he was quitting. He further testified that the pay and hours were better at the new job. A representative of the construction company testified that he had offered Olivas a job either the last week of March or the first week of April. However, due to a slowdown in business, he was unable to use Olivas until April 25. Claimant worked for the construction company until October 20th.