Legal Opinion
Matthews v. Industrial Commission
Colorado Court of Appeals
Decided March 27, 1980No. 79CA0975PublishedCited by 11 opinions
1Opinion of the Court
BERMAN, Judge.
This matter comes before the Court upon the Industrial Commission’s motion to dismiss the petition for failure “to name the Director of the Colorado Division of Labor as an indispensable party in accordance with § 8-53-107 and 108, C.R.S.1973.”
The concept that the Director of the Colorado Division of Labor is an indispensable party to an action to review an Industrial Commission order is erroneous. The only indispensable party is the Industrial Commission. It is the Commission that makes the final determination of claims. The Director, referee, or deputy who hears the claim in…
2Cases cited3 opinions
- Allmendinger v. Industrial CommissionColorado Court of Appeals · 1977
- McGinn v. Industrial CommissionColorado Court of Appeals · 1972
- Town of Frisco v. BrowerSupreme Court of Colorado · 1970
3Cited by11 opinions
- Duran v. Industrial Claim Appeals OfficeSupreme Court of Colorado · 1994
- COLORADO AFL-CIO v. DonlonColorado Court of Appeals · 1995
- Newman v. McKinley Oil Field ServiceSupreme Court of Colorado · 1985
- Celebrity Custom Builders v. Industrial Claim Appeals OfficeColorado Court of Appeals · 1995
- Mitchell v. Goodyear Service StoreCourt of Special Appeals of Maryland · 1985
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