Santa Fe Energy Co. v. Baca

Opinion by JUDGE KELLY Santa Fe Energy Company, employer, seeks review of a final order of the Industrial Commission awarding claimant full benefits pursuant to § 8-73-108(4), C.R.S. 1973 (1982 Cum. Supp.). The referee made a full award of benefits pursuant to § 8-73-108(4), finding that the employer's evidence was hearsay and that the employer was ""basically responsible"" for claimant's separation. The Commission affirmed the award and made the additional finding that ""claimant's firsthand testimony was sufficient to establish a prima facie case of qualification for benefits."" The Commission concluded that claimant was unemployed through no fault of his own within the meaning of § 8-73-108(1)(a), C.R.S. 1973 (1982 Cum. Supp.). We affirm. The employer first contends that the Commission erred in disregarding the hearsay testimony of its witness. The employer argues that the testimony was based on a business memorandum admissible as an exception to the hearsay rule under Colorado Rules of Evidence 803(6). Alternatively, the employer argues that the hearsay was admissible because claimant corroborated it and because it possessed ""probative value commonly accepted by reasonable and prudent men"" within the meaning of § 8-74-106(f)(II), C.R.S. 1973 (1982 Cum. Supp.). We reject these arguments.