Sears, Roebuck and Co. v. Baca

Sears, Roebuck and Co. (Sears), the petitioner, seeks review of an order of the Industrial Commission affirming the Division of Labors order which denied, as untimely, Sears request for joinder of the "subsequent injury fund" as a party to the proceedings. Sears argues that, because of certain procedural irregularities, its petition for review of this issue was filed in a timely manner. It also asserts that it has been denied due process of law by the failure of the Division of Labor and the Industrial Commission to promulgate rules governing joinder of the subsequent injury fund. We conclude that the subsequent injury fund is not a legal entity which can sue and be sued. Accordingly, there are no justiciable issues before us, and we dismiss the petition for review.