Sosa v. INDUS. CLAIM APPEALS OFC. OF STATE
259 P.3d 558
Colo. Ct. App.2011Background
- Sosa sought unemployment benefits after Swift Beef discharged him for testing positive for marijuana at work under a zero-tolerance policy.
- A hearing officer found Sosa not at fault since the lab testing was not proven to be conducted by a licensed/certified facility and he was not impaired.
- The Industrial Claim Appeals Office Panel reversed, disqualifying Sosa under section 8-73-108(5)(e)(IX.5) and addressing Colorado's medical marijuana amendment.
- The record showed the HR supervisor could not identify the testing lab or provide the lab report; no proof the lab was licensed or certified was admitted.
- The court vacated the Panel’s disqualification order and remanded to reinstate the hearing officer’s no-fault decision.
- The panel’s decision did not address alternatives or other statutory bases for disqualification given the record gaps.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Laboratory licensing proof required? | Sosa | IOSA Panel | Panel erred; failure to prove licensed/certified lab defeats disqualification |
| Waiver or stipulated proof of licensing? | Sosa did not stipulate licensing | Swift Beef | No waiver; statutory requirement not satisfied without proof |
| Effect of medical marijuana context on the appeal? | Sosa asserted medical marijuana rights | Panel considered constitutional amendment | Court does not resolve broader marijuana-authorization issues; remand to reinstate hearing officer decision |
Key Cases Cited
- Universal Res. Corp. v. Ledford, 961 P.2d 593 (Colo. App. 1998) (waiver requires clear, unequivocal acts by party)
- Goodwill Indus. v. Indus. Claim Appeals Office, 862 P.2d 1042 (Colo. App. 1993) (limits judicial notice to record evidence; no external materials)
- Prestige Homes, Inc. v. Legouffe, 658 P.2d 850 (Colo. 1983) (scientific propositions require admissible evidence)
- Starr v. Indus. Claim Appeals Office, 224 P.3d 1056 (Colo. App. 2009) (standard of review for Panel decisions)
- Nielsen v. AMI Indus., Inc., 759 P.2d 834 (Colo. App. 1988) (evidentiary sufficiency in unemployment cases)