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WESTERN EMPIRE v. ICAO

Colorado Court of Appeals. Division V
Jan 26, 1989
769 P.2d 1089 (Colo. App. 1989)

Summary

applying § 8-53-11 and § 8-53-118, C.R.S. (1986 Repl. Vol. 3B)

Summary of this case from Rice v. Industrial Claim Appeals Office of the State

Opinion

No. 88CA1810

Decided January 26, 1989.

Review of Order from the Industrial Claim Appeals Office of the State of Colorado

Clifton Hemphill, P.C., James R. Clifton, for Petitioners.

Steven U. Mullens, for Respondent Robert D. Holdsworth.

Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Curt P. Kriksciun, Assistant Attorney General, for Respondents Industrial Claim Appeals Office and Department of Labor and Employment.


This workmen's compensation matter is before us for consideration of the motion of claimant, Robert D. Holdsworth, for enlargement of time in which to file a cross-appeal. We conclude that a petition for review, whether it is denominated an appeal or a cross-appeal, must be filed within 20 days after the date of the certificate of mailing of the Industrial Claim Appeals Panel's final order. Accordingly, we deny the motion for enlargement of time.

C.A.R. 3.1(a) provides that an appeal from a final order of the Panel "shall be in the manner and within the time prescribed by statute." Section 8-53-111(8), C.R.S.(1986 Repl. Vol. 3B), which governs appellate review of workmen's compensation matters, provides that: "Any party dissatisfied with the panel's order shall have twenty days after the date of the certificate of mailing of such order to file an appeal with the court of appeals."

Section 8-53-111(8) does not provide for the filing of a cross-petition for review in workmen's compensation matters; rather, it requires any party to seek review within twenty days of the Panel's final order. Furthermore, the statute does not contain a provision allowing an extension of time in which to file a petition for review. See Lutheran Hospital Homes Society v. Industrial Commission, 710 P.2d 496 (Colo.App. 1985).

Accordingly, claimant's motion for extension of time in which to seek review is denied.

JUDGE PLANK and JUDGE NEY concur.


Summaries of

WESTERN EMPIRE v. ICAO

Colorado Court of Appeals. Division V
Jan 26, 1989
769 P.2d 1089 (Colo. App. 1989)

applying § 8-53-11 and § 8-53-118, C.R.S. (1986 Repl. Vol. 3B)

Summary of this case from Rice v. Industrial Claim Appeals Office of the State
Case details for

WESTERN EMPIRE v. ICAO

Case Details

Full title:Western Empire Constructors, Inc., and Commercial Union Insurance Company…

Court:Colorado Court of Appeals. Division V

Date published: Jan 26, 1989

Citations

769 P.2d 1089 (Colo. App. 1989)

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