Montrose Memorial v. ICAO
CourtColorado Court of Appeals
Date FiledOctober 22, 2026
Docket26CA0333
StatusUnpublished
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Full Opinion
26CA0333 Montrose Memorial v ICAO 10-22-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 26CA0333
Industrial Claim Appeals Office of the State of Colorado
DD No. 26041-2025
Montrose Memorial Hospital,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado,
Respondent.
ORDER AFFIRMED
Division V
Opinion by JUDGE GROVE
Freyre and Lum, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 22, 2026
Bechtel & Santo, Michael Santo, Keely McCabe, Grand Junction, Colorado, for
Petitioner
No appearance for Respondent
¶1 Montrose Memorial Hospital (Employer) appeals from an order
awarding its former employee, Pamela Hightower, unemployment
benefits. We affirm the order.
I. Background
¶2 Hightower worked for Employer as a medical records and
health information technician until separating from Employer in
August 2025. A deputy for the Division of Unemployment
Insurance (Division) denied Hightower’s claim for unemployment
benefits. The deputy found that Hightower resigned her position for
personal reasons and was therefore disqualified from receiving
benefits, pursuant to section 8-73-108(5)(e)(XXII), C.R.S. 2026.
Hightower appealed that decision to the Division, which held an
evidentiary hearing regarding the reasons for Hightower’s job
separation.
¶3 Two witnesses testified at the hearing — Hightower and Erin
Skees, Employer’s Chief Human Resources Officer. They both
testified that (1) Hightower worked for Employer in Colorado from
November 2022 until early August 2025; (2) Hightower relocated to
Wisconsin in or around early August 2025; (3) before Hightower
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relocated, her direct supervisor1 agreed that she could work
remotely from Wisconsin; and (4) Hightower then worked for
Employer remotely, from Wisconsin, from early August until August
22, 2025. They also both testified that on August 22, 2025, Skees
emailed Hightower informing her that Employer would not allow her
to continue working remotely from Wisconsin. Skees testified that
Hightower’s employment “had to end at that time . . . unless she
was going to move back and work for us in Colorado.” Hightower
declined to return to Colorado and was therefore terminated.
¶4 The hearing officer found that Hightower’s supervisor and
director authorized her to work remotely from Wisconsin. The
hearing officer then found that Employer “separated [Hightower]
because her permission to work remotely was revoked after she had
already relocated out of state.” The hearing officer also found that
Employer’s “abrupt revocation of [Hightower’s] pre-approved remote
work arrangement (after she had already moved to another state)
was a substantial change in [her] working conditions that was
1 In addition, Hightower testified that her department director, Bev
Roth, also authorized her to work remotely from Wisconsin.
Employer did not contradict this testimony.
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substantially less favorable to [her].” The hearing officer further
found that “[t]he conditions resulting from the change were not
generally prevailing for other workers performing the same or
similar work.” Based on the foregoing, the hearing officer
concluded that Hightower was entitled to benefits under section 8-
73-108(4)(d) based on “[a] substantial change in the worker’s
working conditions” that was “substantially less favorable to the
worker.”
¶5 Employer appealed the hearing officer’s decision to the
Industrial Claim Appeals Office (Panel), which affirmed.
II. Standard of Review
¶6 We may not disturb administrative factual findings “supported
by substantial evidence.” § 8-74-107(4), C.R.S. 2026. Substantial
evidence is “probative, credible, and competent, of a character
which would warrant a reasonable belief in the existence of facts
supporting a particular finding, without regard to the existence of
contradictory testimony or contrary inferences.” Rathburn v. Indus.
Comm’n, 566 P.2d 372, 373 (Colo. App. 1977).
¶7 We may only set aside the Panel’s decision if (1) the Panel
acted without or in excess of its powers; (2) the decision was
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procured by fraud; (3) the factual findings don’t support its
decision; or (4) the decision is erroneous as a matter of law. § 8-74-
107(6).
III. Applicable Legal Principles
¶8 Whether a worker is entitled to unemployment benefits
depends on the reason for the worker’s job separation, which is a
factual matter for the hearing officer to resolve. Debalco Enters.,
Inc. v. Indus. Claim Appeals Off., 32 P.3d 621, 623 (Colo. App.
2001); see Eckart v. Indus. Claim Appeals Off., 775 P.2d 97, 99
(Colo. App. 1989).
¶9 An objective standard applies in analyzing whether a change
in working conditions was substantial and, if so, whether it was
substantially less favorable under section 8-73-108(4)(d). See
Wargon v. Indus. Claim Appeals Off., 787 P.2d 668, 670 (Colo. App.
1990). A change shall not be considered substantial if “the
conditions prevailing after the change are those generally prevailing
for other workers performing the same or similar work.” § 8-73-
108(4)(d).
¶ 10 In determining the reasons for the employment separation, the
hearing officer exercises their sound discretion. Keil v. Indus. Claim
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Appeals Off., 847 P.2d 235, 239 (Colo. App. 1993). We may not
disturb the hearing officer’s determinations concerning the
credibility of witnesses, the weight to be given to the evidence, and
the resolution of evidentiary conflicts. See Tilley v. Indus. Claim
Appeals Off., 924 P.2d 1173, 1177 (Colo. App. 1996).
IV. Analysis
¶ 11 The hearing officer found (and the Panel affirmed) that
Hightower’s job separation occurred because Employer arbitrarily
revoked her authorization to work remotely from Wisconsin. (More
precisely, the hearing officer found that “[t]here is no credible
evidence as to why the employer allowed [Hightower] to work
remotely and then abruptly revoked her permission.”) This finding
is supported by substantial evidence. During the hearing, the
hearing officer asked Skees if Hightower “was allowed to work
remotely” for the first couple of weeks in August. Skees replied,
“Yes, there was a brief period where she did work remotely.”
Hightower testified that both her direct supervisor and her
department director authorized her to work remotely from
Wisconsin; Skees agreed that Hightower’s direct supervisor had
issued such authorization. Skees and Hightower testified that
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Skees contacted Hightower via email on August 22 and told
Hightower that she was not so authorized.
¶ 12 Employer argues that the hearing officer erred in finding that
“[t]here [was] no credible evidence as to why [Employer] allowed
[Hightower] to work remotely and then abruptly revoked her
permission.” Employer contends that it offered substantial credible
evidence on this issue during the hearing. For instance, Employer
provided testimony and documentary evidence demonstrating that
Hightower’s supervisor and director could not authorize remote
work in Wisconsin without approval from the Human Resources
department, which they did not request. Employer asserts that this
testimony and evidence also proved that, while Employer’s Human
Resources department facilitates remote work from certain states,
Wisconsin is not among them, and this was the reason the Human
Resources department, through Skees, revoked Hightower’s remote
work authorization. According to Employer, because Hightower
provided no evidence directly discrediting — or conflicting with —
this evidence, the hearing officer erred in determining that “no
credible evidence” established a reason why Employer ultimately
disallowed Hightower from working remotely from Wisconsin.
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¶ 13 We are not persuaded. The hearing officer exercises broad
discretion in weighing the evidence and determining credibility, and
we may not second-guess those determinations. Hoskins v. Indus.
Claim Appeals Off., 2014 COA 47, ¶ 10. Moreover, it is well-settled
that “a hearing officer is not required to address specific evidence or
testimony he or she does not find persuasive.” Tilley v. Indus. Claim
Appeals Off., 924 P.2d 1173, 1177 (Colo. App. 1996). Thus, we may
not disturb the hearing officer’s determination that employer’s
evidence was not credible.
¶ 14 Second, Employer argues that the hearing officer erred in
determining that Employer substantially changed Hightower’s
working conditions. Employer notes that, per its written remote
work policy, employees must obtain authorization from Human
Resources, as well as their supervisors, and Employer does not
guarantee remote work opportunities. Because Human Resources
never authorized Hightower’s remote work arrangement, Employer
argues, its ultimate decision to forbid that arrangement could not
constitute a substantial change in Hightower’s working conditions.
Further, it argues that because Hightower was on notice that
Employer could forbid her from working remotely from Wisconsin,
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and the fact that it ultimately did so, could not constitute a
substantial change in working conditions.
¶ 15 Again, we are not persuaded. As discussed above, the hearing
officer found that Employer, through Hightower’s supervisor,
authorized her to work remotely; the hearing officer implicitly did
not find it credible that Hightower’s supervisor lacked the authority
to authorize this arrangement on Employer’s behalf. We do not
disturb these determinations. Nor do we conclude that Employer’s
general discretion over remote work arrangements precludes
determining that Employer substantially changed Hightower’s
working conditions. Whether an employee has notice that an
employer may use its discretion to change her working conditions is
not dispositive under section 8-73-108(4)(d).
¶ 16 Employer also argues that the hearing officer legally erred in
determining that Hightower was entitled to benefits under section
8-73-108(4)(d), because Hightower testified that she would have
moved to Wisconsin regardless of whether Employer had authorized
her to work remotely there. Therefore, Employer asserts, by moving
to Wisconsin and foreclosing her ability to work in person,
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Hightower is responsible for any subsequent change in her working
conditions.
¶ 17 We disagree. The hearing officer did not find that Hightower
would have relocated regardless of Employer’s representations, nor
was she required to make such a finding. The hearing officer acted
within her discretion in evidently assigning little or no weight to
that testimony. See Tilley, 924 P.2d at 1177. We may not reweigh
it. Id.
V. Disposition
¶ 18 We affirm the Panel’s order.
JUDGE FREYRE and JUDGE LUM concur.
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