Hasbrouck v. Industrial Commission

Opinion by JUDGE BABCOCK In this workmen's compensation case, claimant seeks review of an order of the Industrial Commission dismissing his petition to review a referee's supplemental order denying claimant benefits. We affirm. The referee entered his initial order denying claimant benefits on November 3, 1981. On November 19, 1981, one day after the fifteen-day period prescribed by statute had lapsed, see § 8-53-103(3), C.R.S., claimant filed a petition to review the referee's summary order. The respondent State Compensation Insurance Fund (Fund) made no objection to the timeliness of claimant's petition for review, and on September 13, 1982, the referee issued a supplemental order again denying claimant benefits. Thereafter, claimant timely filed a petition to review the referee's supplemental order with the Industrial Commission. In dismissing claimant's petition, the Commission determined that the claimant's failure to file a timely petition for review of the referee's initial order deprived the Commission of jurisdiction over the matter.