W.C. No. 4-511-128.Industrial Claim Appeals Office.
September 16, 2003.
ORDER
This matter is before us pursuant to the motion of claimant Jana Brandt to amend the caption of our Final Order dated August 31, 2003. We deny the motion.
The claimant requests that we amend the caption to delete reference to Dustin Brandt and Jennifer Brandt, the decedent’s half-siblings, because the siblings did not appear in the case and were not represented. Although unstated, the motion is apparently based on § 8-43-302(1), C.R.S. 2002, which grants us authority to correct errors caused by clerical error, mistake or inadvertence.
We conclude this motion was not timely filed. Further, our order is not the product of clerical error, mistake, or inadvertence. First, the caption used by the Industrial Claim Appeals Office, which includes the siblings, mirrors that used by the Administrative Law Judge (ALJ). So far as we can ascertain, the claimant made no objection to the caption contained in the ALJ’s order.
Under these circumstances, the claimant’s motion filed after the issuance of our order is not timely. Moreover, we note the claimant has already filed an appeal with the Colorado Court of Appeals, arguably depriving us of jurisdiction to enter any order. Finally, it is not error to use the caption established by the ALJ when the parties register no objection to that caption. See Kuziel v. Pet Fair, Inc., 948 P.2d 103
(Colo.App. 1997) (issues not timely raised before ALJ are considered waived on appeal).
IT IS THEREFORE ORDERED that the claimant’s motion to amend the caption is denied.
INDUSTRIAL CLAIM APPEALS PANEL
______________________________ David Cain
______________________________ Dona Halsey
Copies of this order were mailed to the parties at the addresses shown below on September 16, 2003 by A. Hurtado.
Jana Brandt, c/o Steven U. Mullens, Esq., P. O. Box 2940, Colorado Springs, CO 80901-2940
Bill Lewis, Bill’s Tool Rental, 125 S. Chestnut St., Colorado Springs, CO 80905-1608
Patricia Crain, Farmer’s Insurance Exchange, Commercial Claims Office, 7535 E. Hampden Ave., #300, Denver, CO 80231-4842
Steven U. Mullens, Esq., P. O. Box 2940, Colorado Springs, CO 80901-2940 (For Claimant)
Douglas L. Stratton, Esq. and Thomas M. Condas, Esq., 2629 Redwing Rd., #330, Ft. Collins, CO 80526-6316 (For Respondents)