Summary
In Trujillo v. Industrial Commission, 31 Colo. App. 297, 501 P.2d 1344 (1972), we construed this statute to mean that the filing of a petition for review was a jurisdictional requisite for review proceedings.
Summary of this case from Hawkins v. State Compensation Ins. AuthorityOpinion
No. 72-221
Decided September 19, 1972.
Seeking review of Industrial Commission order denying him unemployment compensation benefits, claimant filed notice of appeal on last day for commencing review and filed petition for review fifty days after date of order. Industrial Commission moved to dismiss the petition.
Review Dismissed
1. WORKERS' COMPENSATION — Filing — Notice of Appeal — Inoperative — Not Extend — Time — Commence — Review — Industrial Commission Orders. Since there is no authority in the rules of procedure or in the statutes for the filing of a notice of appeal relative to review of final orders of the Industrial Commission, the filing of such a notice is inoperative for any purpose, and petitioner's filing of such a notice thus did not extend the time prescribed by the statute for commencing such a review.
2. APPEAL AND ERROR — Unemployment Compensation Claimant — Filed — Notice of Appeal — Petition — Filed Late — Court of Appeals — Without Jurisdiction. Where unemployment compensation claimant filed notice of appeal of Industrial Commission's order denying his claim for benefits and filed a petition for review fifty days after date of that order, his failure to follow the prescribed procedure deprives the Court of Appeals of jurisdiction to review the order.
Review of Order for the Industrial Commission of the State of Colorado
Charles T. Flett, for petitioner.
Duke W. Dunbar, Attorney General, John P. Moore, Deputy, Robert L. Harris, Assistant, for respondent Industrial Commission.
Holme, Roberts Owen, Richard L. Schrepferman, for respondent The Denver Brick and Pipe Company.
Petitioner, Trujillo, seeks review of a final order of the Industrial Commission, ex-officio Unemployment Compensation Commission, which granted petitioner No Award of unemployment compensation benefits. The respondents have moved to dismiss on the ground that this court is without jurisdiction since the prescribed statutory procedures were not followed. We agree, and grant the motion.
The procedure for review of final orders of the Industrial Commission is set forth in the statutes. 1969 Perm. Supp., C.R.S. 1963, 82-5-11, provides that such review "must be commenced within twenty days after the final findings or decision of the commission," and may be secured by "commencing an action in the court of appeals . . . in the same manner as reviews are now provided by law in workmen's compensation cases."
The pertinent workmen's compensation law thus referred to is contained in 1971 Perm. Supp., C.R.S. 1963, 81-14-7 and 81-14-10. These sections provide that the action must be commenced within twenty days after the date of the final order; that the action shall be commenced by the serving of a petition for review on the commission which petition shall state the grounds upon which review is sought; that all adverse parties must be served with a copy of the petition, and that the petition shall be filed with the Court of Appeals within ten days after service on the commission. The Colorado Appellate Rules provide at C.A.R. 3.1(a), "Appeals from orders and awards of the Industrial Commission . . . shall be in the manner and within the time prescribed by statute. . . ."
Although the final order of the commission referred petitioner to "C.R.S. 1963, 82-5-11, as amended," the above procedure was not followed. Instead, on June 12, 1972, the last day for commencing his review, petitioner filed with the commission a notice of appeal. Then on July 7, 1972, petitioner mailed a copy of a petition for review to the commission; it was received on July 13, 1972. The petition was filed in this court on July 10, 1972.
[1] The rule requiring the filing of a notice of appeal, C.A.R. 3(a), has no application to the review of orders of the Industrial Commission. That rule provides, as pertinent here, "An appeal permitted by law from a trial court to the Appellate Court shall be taken by filing a notice of appeal . . . ." (Emphasis added.) There is no authority in the Rules or Statutes for the filing of a notice of appeal in proceedings in the appellate court for review of final orders of the Industrial Commission. Therefore the notice is inoperative for any purpose. See Fraka v. Malernee, 129 Colo. 87, 267 P.2d 651. That filing, being a nullity, did not extend the time prescribed by the statute, for commencing the review.
[2] The petition was not received by the commission until fifty days after the date of the order. "One seeking to exercise a statutory right of review or appeal must follow and comply with the procedures prescribed." Washburn v. Industrial Commission, 153 Colo. 500, 386 P.2d 975. Failure to do so deprives this court of jurisdiction. Industrial Commission v. Plains Utility Co., 127 Colo. 506, 259 P.2d 282; Gerber v. Homes, 28 Colo. App. 210, 471 P.2d 428.
Petition for review dismissed.
JUDGE PIERCE and JUDGE SMITH concur.