W.C. No. 4-437-950Industrial Claim Appeals Office.
November 13, 2000
ORDER OF REMAND
The claimant seeks review of an order of Administrative Law Judge Stuber (ALJ) which denied temporary disability benefits. We remand the matter for the ALJ to determine whether the claimant filed a timely petition to review.
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).
On April 6, 2000, the ALJ issued an order denying temporary disability benefits. The order contains a certificate of mailing dated April 7, 2000. Consequently, the claimant was required to file a petition to review no later than April 27, 2000.
The record transmitted to us on review does not contain a petition to review. 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, he 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 April 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
____________________________________ Kathy E. Dean
____________________________________ Bill Whitacre
Copies of this decision were mailed November 13, 2000 to the following parties:
Jack P. Boyd, 2244 Moccasin Dr., Colorado Springs, CO 80915
Heidi Pace, Academy School District #20, 7610 N. Union Blvd., Colorado Springs, CO 80903
Diane Gutierrez, Liberty Mutual Fire Insurance, 13111 E. Briarwood Ave., #100, Englewood, CO 80112
Patrick C. H. Spencer, II, Esq., 403 S. Tejon St., Colorado Springs, CO 80903 (For Claimant)
David G. Kroll, Esq., 1120 Lincoln St., #1606, Denver, CO 80203 (For Respondents)
BY: A. Pendroy