W.C. No. 4-306-223Industrial Claim Appeals Office.
February 3, 2000
FINAL ORDER
This matter is before us pursuant to the claimant’s “Petition to Court for costs in responding to the appeal to the Industrial Claim appeal office [sic].” We dismiss the petition for lack of jurisdiction.
On October 20, 1999, we received the record for purposes of reviewing an appeal filed by attorney Richard Blundell. Blundell disputed an order of Administrative Law Judge Rumler (ALJ), which held that Blundell was not currently owed any attorney fees. Because we received the file on October 20, we were required to enter an order no later than December 19, 1999. Section 8-43-301(8), C.R.S. 1999.
On December 3, 1999, we entered our order affirming the ALJ’s order. Attorney Blundell has since appealed our order to the Court of Appeals. On January 21, 2000, we received the claimant’s petition seeking an award of attorney fees and costs pursuant to section 8-43-301(14), C.R.S. 1999. Because we must enter an order within 60 days after receipt of the record, and because the claimant did not request relief until after the 60 days had expired, we conclude that we lack jurisdiction to consider the claimant’s request. Section 8-43-301(8).
IT IS THEREFORE ORDERED that the claimant’s request for attorney fees and costs is dismissed.
INDUSTRIAL CLAIM APPEALS PANEL
___________________________________ David Cain
___________________________________ Robert M. Socolofsky
NOTICE
This Order is final unless an action to modify or vacate this Order is commenced in the Colorado Court of Appeals, 2 East 14th Avenue, Denver, CO 80203, by filing a petition for review with the court, with service of a copy of the petition upon the Industrial Claim Appeals Office and all other parties, within twenty (20) days after the date this Order is mailed, pursuant to section 8-43-301(10) and 307, C.R.S. 1999.
Copies of this decision were mailed February 3, 2000
to the following parties:
Karol Estes, #7 Blackstone Ave., Sioux City, IA 51104-4001
Richard K. Blundell, Esq., 1024 8th Street, Greeley, CO 80631
Mark Gerganoff, Assistant Attorney General, 1515 Sherman St., 5th Floor, Denver, CO 80203
BY: A. Pendroy