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SEARS, ROEBUCK AND CO. v. BACA

No. 82CA0450.

670 P.2d 1244 (1983)

SEARS, ROEBUCK AND CO., Employer-Self-Insured, Petitioner, v. Mike L. BACA, Richard I. Wise, Peter D. Nims, individually and as members of the Industrial Commission of the State of Colorado, the Industrial Commission of the State of Colorado, Charles McGrath, The Director of the Division of Labor of the State of Colorado, and Mellis R. Dyson, Respondents.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 3, 1983.

Certiorari Granted September 6, 1983.

Attorney(s) appearing for the Case

Frye & Sawaya, P.C., John R. Frye, Jr., Richard B. Rose, Denver, for petitioner.

Kripke & Epstein, P.C., Scott W. Lawrence, Denver, for respondent Mellis R. Dyson.

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sp. Asst. Atty. Gen., Alice Loraine Parker, Asst. Atty. Gen., Denver, for respondents Industrial Commission of the State of Colorado and members thereof and Director of Div. of Labor.

KELLY, Judge.

Sears, Roebuck and Co. (Sears), the petitioner, seeks review of an order of the Industrial Commission affirming the Division of Labor's 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...

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