Colorado § 8-74-108 - Conclusiveness of determinations and decisions.

§ 8-74-108. Conclusiveness of determinations and decisions.

Any right, fact, or matter in issue directly passed upon or necessarily involved in a decision of a deputy, a hearing officer, the industrial claim appeals office, or the court of appeals which has become a final decision under this article, after appeal procedures, if initiated, have been completed or otherwise terminated, shall be conclusive for all the purposes of articles 70 to 82 of this title as between all interested parties. No finding of fact or law, judgment, conclusion, or final order made with respect to a determination made under articles 70 to 82 of this title may be conclusive or binding or used as evidence in any separate or subsequent action or proceeding in another forum, except proceedings under articles 70 to 82 of this title, regardless of whether the prior action was between the same or related parties or involved the same facts. No findings of fact or law, judgment, conclusion, or final order made by any other agency, administrative body, or forum that are not made pursuant to articles 70 to 82 of this title shall be binding on the division for the purposes of articles 70 to 82 of this title.

Source: L. 76: Entire article R&RE, p. 358, § 1, effective October 1. L. 84: Entire section amended, p. 318, § 9, effective July 1. L. 86: Entire section amended, p. 493, § 97, effective July 1. L. 87: Entire section amended, p. 404, § 2, effective April 16. L. 92: Entire section amended, p. 1795, § 5, effective April 10.

Editor's note: This section is similar to former § 8-74-111 as it existed prior to 1976.

ANNOTATION

Law reviews. For article, "Claim and Issue Preclusion Arising from Unemployment Compensation Decisions", see 13 Colo. Law. 815 (1984).

Determinations made under employment security act are not binding on the parties under any other statutory or contractual relationship or on any other agency or court. City of Colo. Springs v. Indus. Comm'n, 720 P.2d 601 (Colo. App. 1985), aff'd, 749 P.2d 412 (Colo. 1988).

In conducting unemployment proceeding, hearing officer was not bound by determinations of administrative law judge pursuant to Teacher Employment, Dismissal, and Tenure Act that employment of teacher be terminated because of using physical force in disciplining students and insubordination. Sch. Dist. No. 1 v. Fredrickson, 812 P.2d 723 (Colo. App. 1991).