Opinion
No. 24176
Decided April 13, 1970.
From judgment reversing Industrial Commission which ruled that it was without jurisdiction of employee's claim because claim was barred by statute, the Commission, City, and State Fund brought error.
Affirmed in Part, Reversed in Part.
1. WORKERS' COMPENSATION — Filing — More Than Two Years — Accident — Within Time — Statute — Jurisdiction of Commission — Proper. Where claimant filed claim for compensation with Industrial Commission more than two years after industrial accident, but within two years of time he first learned of nature and extent of his injury and Commission ruled that it was without jurisdiction because claim was barred by C.R.S. 1963, 81-13-5(2) and trial court reversed Commission's action, held, trial court ruled correctly; Commission did have jurisdiction to hear the claim.
2. Trial Court — Direction — Commission — Award — Findings — Function of Commission — Error. In workmen's compensation proceeding, where trial court directed Commission to make an award to claimant as specified by trial court's findings, held, in so doing trial court erred; under facts in instant case, it was the Commission's function and not the trial court's function to make the award based upon proper findings by the Commission.
3. Fact-finding — Function — Commission — Award — Court — Negative. The fact-finding function in support of any award of compensation is for the Industrial Commission and not the reviewing court.
Error to the District Court of Larimer County, Honorable J. Robert Miller, Judge.
Duke W. Dunbar, Attorney General, John P. Moore, Deputy, Peter L. Dye, Assistant, for plaintiff in error Industrial Commission of Colorado.
Fred B. Dudley, for plaintiffs in error City of Fort Collins, Colorado and State Compensation Insurance Fund.
Kenneth H. Gross, for defendant in error.
This is a workmen's compensation case. James William Nye, the claimant, filed his claim for compensation with the Industrial Commission more than two years after an industrial accident, but within two years of the time he first learned of the nature and extent of his injury. The Commission ruled that it was without jurisdiction because the claim was barred by C.R.S. 1963, 81-13-5-(2).
[1,2] The claimant sought reversal of the Commission's action in the trial court, which reversed the Commission and found that the rule of City of Boulder v. Payne, 162 Colo. 345, 426 P.2d 194, applied and that the commission therefore did have jurisdiction to hear this claim. We affirm this part of the trial court's judgment. However, we reverse that part of the trial court's judgment which directs the Commission to make an award to the claimant as specified by the trial court's findings. Under the facts here, it is the Commission's function and not the trial court's function to make the award based upon proper findings by the Commission.
When the Commission refused to consider the claim for lack of jurisdiction, it necessarily closed the door on any consideration of the merits of the claim. It therefore made no findings as to medical expenses or temporary and permanent partial disability resulting from the 1959 accident. The fact finding function in support of any award of compensation is for the Commission and not the reviewing court.
Judgment affirmed in part and reversed in part and this cause remanded to the trial court to proceed in accordance with the views herein expressed.
MR. JUSTICE DAY, MR. JUSTICE KELLEY and MR. JUSTICE GROVES concur.