W.C. No. 4-275-808Industrial Claim Appeals Office.
October 16, 2000
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Wheelock (ALJ) which denied the claim for medical benefits. We remand the matter for the ALJ to determine whether the claimant filed a timely petition to review.
The ALJ entered specific findings of fact and conclusions of law on January 6, 2000. The order was mailed to the parties and counsel on January 8, 2000. On May 22, 2000, a briefing schedule was established, and both parties have filed briefs. However, we have reviewed the record and are unable to locate the claimant’s petition to review the ALJ’s order, if any was filed.
Section 8-43-301(2), C.R.S. 2000, provides that a party seeking review of an ALJ’s order shall file a petition to review “within twenty days from the date of the certificate of mailing of the order, and, unless so filed, such order shall be final.” This provision is jurisdictional and must be strictly enforced Buschmann v. Gallegos Masonry, Inc., 805 P.2d 1193 (Colo.App. 1991). Further, jurisdiction may not be conferred by consent, waiver, or estoppel. Hasbrouck v. Industrial Commission, 685 P.2d 780 (Colo.App. 1984).
Here, the record does not contain a copy of the claimant’s petition to review the ALJ’s order dated January 6, 2000. Consequently, we are unable to ascertain whether we have jurisdiction to review the ALJ’s order, or whether the order became final by operation of § 8-43-301(2). Under the circumstances, the matter must be remanded to the ALJ to determine whether the claimant filed a timely petition to review. The ALJ may hold a hearing to resolve the matter if there are disputed issues of fact. If the ALJ determines that a timely petition to review was not filed, she may dismiss the claimant’s appeal. Conversely, if the ALJ determines a timely petition to review was filed, the record shall be completed by inclusion of a copy of the petition, and the matter shall be retransmitted for review of the January 6 order.
IT IS THEREFORE ORDERED that the matter is remanded to the ALJ for further proceedings consistent with the views expressed herein.
INDUSTRIAL CLAIM APPEALS PANEL
____________________________________ David Cain
____________________________________ Kathy E. Dean
Copies of this decision were mailed October 16, 2000 to the following parties:
Merlita Bond, 4825 Astrozon Blvd., #11A, Colorado Springs, CO 80916
Penrose Home Care, 4815 List Dr., #100, Colorado Springs, CO 80919
Judy McKim, CNA Insurance Company, P. O. Box 17369 T. A., Denver, CO 80217
CNA Insurance Company, CNA Plaza, Chicago, IL 60685
Richard E. Falcone, Esq., 3510 Galley Rd., #110, Colorado Springs, CO 80909 (For Claimant)
Janice M. Greening, Esq., 950 17th St., 21st floor, Denver, CO 80202 (For Respondents)
BY: A. Pendroy