Treto v. ICAO
CourtColorado Court of Appeals
Date FiledOctober 29, 2026
Docket26CA1000
StatusUnpublished
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Full Opinion
26CA1000 Treto v ICAO 10-29-2026
COLORADO COURT OF APPEALS
Court of Appeals No. 26CA1000
Industrial Claim Appeals Office of the State of Colorado
DD No. 1672-2026
Raul Treto,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado,
Respondent.
ORDER AFFIRMED
Division II
Opinion by JUDGE BROWN
Tow, C.J. and Harris, J., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 29, 2026
Raul Treto, Pro Se
No Appearance for Respondent
¶1 Raul Treto appeals the denial of his unemployment benefits
claim. We affirm.
I. Background
¶2 Treto worked as a building inspector for the Colorado State
Department of Local Affairs (Employer) until his discharge in
December 2025. Shortly thereafter, a deputy for the Division of
Unemployment Insurance (Division) denied Treto’s claim for
unemployment benefits. Treto appealed that decision to the
Division, which scheduled the matter for an evidentiary hearing
regarding the reasons for Treto’s job separation.
¶3 After the hearing, the hearing officer found that Treto had
used Employer’s vehicle for work and that Treto had driven over the
speed limit on multiple occasions. At times, Treto had driven
“upwards of [ninety] miles per hour.” The hearing officer
determined that Employer discharged Treto for speeding on the job.
The hearing officer concluded that Treto was disqualified from
receiving unemployment benefits for failing to meet “established job
performance or other defined standards” under section 8-73-
108(5)(e)(XX), C.R.S. 2026. Finally, the hearing officer found that
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Treto was at fault for his employment separation because he
exercised control over the circumstances leading to his discharge.
¶4 Treto appealed to the Industrial Claim Appeals Office (Panel).
The Panel affirmed the hearing officer’s factual findings and legal
conclusions. It also determined that the factual findings supported
disqualification under section 8-73-108(5)(e)(VII). Subsection
(5)(e)(VII) disqualifies any claimant discharged for violating a
statute, “which [violation] resulted or could have resulted in serious
damage to the employer’s property or interests or could have
endangered the life of the worker or other persons.”
II. Standard of Review and Legal Principles
¶5 Under section 8-74-107, C.R.S. 2026, we may not disturb
factual findings that are “supported by substantial evidence” and
may only set aside the Panel’s decision if (1) the Panel acted without
or in excess of its powers; (2) the decision was procured by fraud;
(3) the factual findings do not support its decision; or (4) the
decision is erroneous as a matter of law. 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
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testimony or contrary inferences.” Rathburn v. Indus. Comm’n, 566
P.2d 372, 373 (Colo. App. 1977).
¶6 The disqualifying provisions of section 8-73-108(5)(e) “must be
read in light of the express legislative intent . . . to provide benefits
to those who become unemployed through ‘no fault’ of their own.”
Cole v. Indus. Claim Appeals Off., 964 P.2d 617, 618 (Colo. App.
1998) (quoting § 8-73-108(1)(a)). Thus, even if the hearing officer’s
findings may support a disqualification under that subsection, a
claimant may still be entitled to benefits if the totality of the
circumstances establishes that his job separation occurred through
no fault of his own. Id. In this context, “fault” requires a volitional
act or “the exercise of some control or choice by the claimant in the
circumstances resulting in the separation such that the claimant
can be said to be responsible for the separation.” Id. A claimant’s
responsibility or “fault” for his job separation is an ultimate legal
conclusion based on the findings of evidentiary fact. Id. at 618-19.
III. Analysis
¶7 Though the Panel found that Treto was disqualified under two
subsections of 8-73-108(5)(e), we only address its determination
under subsection (5)(e)(VII) — disqualification for violating a statute
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and potentially endangering lives. Because we affirm on this basis,
we need not address the Panel’s determination of disqualification
under subsection (5)(e)(XX). See Tilley v. Indus. Claim Appeals Off.,
924 P.2d 1173, 1176 (Colo. App. 1996) (affirming disqualification
under one subsection and declining to address the Panel’s
determination that another subsection also applied).
¶8 The Panel found that Employer discharged Treto for speeding
on public roadways. Substantial evidence supports this finding. It
is undisputed that Treto exceeded the speed limit on multiple
occasions while driving to and from job sites in Employer’s vehicle.
Treto testified to this fact during the hearing. He further testified
that he received a speeding ticket in February 2025 and that his
speed sometimes exceeded ninety miles per hour. Additionally, in
written submissions to the Division and in testimony at the hearing,
Treto acknowledged that Employer discharged him for this conduct.
¶9 Substantial evidence also supports the Panel’s finding that, by
speeding in excess of ninety miles an hour, Treto violated a statute.
Though the Panel did not expressly identify the statute violated, we
take judicial notice of section 42-4-1101(8)(b), C.R.S. 2026, which
establishes a maximum speed limit of seventy-five miles per hour
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on public roads.1 See § 2-5-118(1)(a), C.R.S. 2026 (requiring that
“[t]he courts of this state” take judicial notice of Colorado’s official
statutes). Treto does not dispute that he used public roads when
driving to job sites throughout the state or that he drove in excess
of ninety miles an hour. Treto does not challenge — and we
perceive no reversible error in — the Panel’s determination that
speeding, especially over ninety miles an hour, could endanger
Treto’s and others’ lives. Thus, the Panel did not err in finding that,
by driving in excess of ninety miles an hour on public roads, Treto
violated a statute and potentially endangered lives. Nor do we
perceive an error in the hearing officer’s finding, which the Panel
affirmed, that Treto exercised control over the circumstances
leading to his discharge and was therefore at fault and not
otherwise entitled to benefits.
1 Section 42-4-1101(8)(b), C.R.S. 2026, specifically states that
“[n]otwithstanding any other provisions of this section, no person
shall drive a vehicle on a highway at a speed in excess of a
maximum lawful speed limit of seventy-five miles per hour.” Title
42’s definitions section makes clear that the term “highway”
includes all public roads. § 42-1-102(43), C.R.S. 2026 (“‘Highway’
means the entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.”).
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¶ 10 Treto makes two arguments for setting aside the Panel’s order.
First, he argues that certain factual allegations were untrue —
namely, that he (1) harassed a woman while on the job, and
(2) drove up to 100 miles per hour on a dirt road near a lake. But
the hearing officer did not make any factual findings that Treto
engaged in harassment, nor did he make any findings specifically
related to Treto’s driving on a dirt road.
¶ 11 Second, Treto asserts that a GPS tracker in his company car
misreported data regarding his speed and that Employer knew this.
This argument provides no basis for disturbing the hearing officer’s
findings. Treto did not raise these issues with the hearing officer or
Panel, and we do not consider arguments raised for the first time in
briefing to this court. See Debalco Enters., Inc. v. Indus. Claim
Appeals Off., 32 P.3d 621, 624 (Colo. App. 2001) (declining to
address issues that were not raised in the administrative
proceedings and therefore not preserved for appellate review). And
in any event, the accuracy of the GPS tracker data is irrelevant in
light of Treto’s admission that he drove well over the speed limit. As
discussed, substantial evidence supports the hearing officer’s
findings, and we may not disturb them. See § 8-74-107(4).
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IV. Disposition
¶ 12 We affirm the Panel’s order.
CHIEF JUDGE TOW and JUDGE HARRIS concur.
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