MATTHEWS v. INDUSTRIAL COMMISSION

No. 79CA0975.

609 P.2d 1127 (1980)

Jackie R. MATTHEWS, Petitioner, v. The INDUSTRIAL COMMISSION of the State of Colorado, Acme Delivery Service, Inc., and Western Surety Company, Respondents.

Colorado Court of Appeals, Division II.

March 27, 1980.


Attorney(s) appearing for the Case

Fogel, Keating & Wagner, P. C., James M. Robinson, Denver, for petitioner.

J. D. MacFarlane, Atty. Gen., William Levis, Asst. Atty. Gen., Denver, for respondent Industrial Commission.

Glasman, Jaynes & Carpenter, James L. Carpenter, Denver, for respondent Acme Western Cas.


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...

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