Janssen v. Industrial Claim Appeals Office

Judge STERNBERG

dissenting.

This division decided this case on April 26, 2001 and dismissed this appeal. We reasoned that C.A.R. 8.1 precludes the application of CAR. 26(c) because the time for filing is predicated on the applicable statute, not the rules, and the statute does not permit us to grant additional time to file a notice of appeal. That decision was correct; thus, we err in granting the petition for rehearing, withdrawing the opinion, and issuing a new opinion that creates a divergent line of authority. Therefore, I respectfully dissent.

C.A.R. 3.1 provides that an appeal from a final…