Speier v. Industrial Claim Appeals Office

Judge RUSSEL

dissenting.

I agree with the majority that claimant failed to file a timely petition for review. In Industrial Claim Appeals Office v. Zarlingo, 57 P.3d 736, 738 (Colo.2002), the supreme court held that C.A.R. 26(c) "directly conflicts" with the twenty-day deadline for filing a notice of appeal under section 8-48-301(10), C.R.S.2007. And though it is a close question, I agree that Zarlingo's rationale applies to deadlines under section 8-48-801(2), C.R.S8.2007, notwithstanding the intervening adoption of the administrative rules.

But I do not agree that the ALJ lacked authority to…