W.C. No. 4-698-365.Industrial Claim Appeals Office.
July 28, 2011.
FINAL ORDER
The claimant seeks review of an order of Administrative Law Judge Walsh (ALJ) dated March 30, 2011 that dismissed the claimant’s initial petition to review. We affirm.
The record before us indicates the following procedural history. Counsel for the claimant was allowed to withdraw from this case on December 4, 2009. In February 2011, the claimant applied pro se for a hearing on numerous issues. The respondents scheduled a prehearing for March 4, 2011 to address its motion to set the hearing outside of 100 days and its request to dismiss the claim. The respondents sought dismissal of the action as a sanction for noncompliance with discovery. In an order dated February 24, 2011, the ALJ dismissed this case with prejudice, citing § 8-43-207, C.R.S. and C.R.C.P. 37(b)(2)(C).
According to a “Division Certificate of Service,” the order was served on the respondents’ counsel by facsimile on February 24, 2011. Counsel, in turn, mailed the order to the claimant on February 25, 2011 by U.S. mail and by certified mail, return receipt requested. However, a notice of hearing was sent to the parties advising them of a hearing on May 25, 2011. On March 22, 2011, the claimant mailed his petition to review the ALJ’s order “mailed or served on March 7, 2011” and referred to the ALJ’s order dated February 24, 2011. In the order under consideration, the ALJ dismissed the claimant’s petition to review on the ground that the claimant failed to file his petition within 20 days from the date of the certificate of mailing of the order.
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Section 8-43-301(2), C.R.S. provides that a petition to review an ALJ’s order shall be filed within 20 days of the date of the certificate of mailing of the order, or the order becomes final. This requirement is jurisdictional and must be strictly enforced Buschmann v. Gallegos Masonry, Inc., 805 P.2d 1193 (Colo. App. 1991).
On appeal the claimant does not assert that he did not receive either the ALJ’s order dismissing his earlier petition to review or the prior order dismissing his claim. Nor does he assert that the petition was timely. Under the circumstances, we must dismiss the appeal for lack of jurisdiction.
IT IS THEREFORE ORDERED that the ALJ’s order dated March 30, 2011 is affirmed.
INDUSTRIAL CLAIM APPEALS PANEL
_______________________ John D. Baird
_______________________ Dona Rhodes
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JECKONIAS N MURAGARA, COLORADO SPRINGS, CO, (Claimant).
THE BROADMOOR HOTEL, Attn: SANDY GARCIA, COLORADO SPRINGS, CO, (Employer).
AMERICAN CASUALTY COMPANY OF READING, PA, Attn: JUDY MCKIM, C/O: CNA CLAIMS PLUS, DENVER, CO, (Insurer).
RITSEMA LYON, PC. — CO. SPR., Attn: SUSAN K. REEVES, ESQ., COLORADO SPRINGS, CO, (For Respondents).
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