4-340-196 (1998). SANITA CHILDERSS.

• Case Date: September 14, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-340-196 (1998). SANITA CHILDERSS INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF SANITA CHILDERSS, Claimant, v. INGRAM BOOK COMPANY, Employer, and LIBERTY MUTUAL INSURANCE COMPANY, Insurer, Respondents.W. C. No. 4-340-196FINAL ORDER The respondents seek review of a Corrected Order of Chief Administrative Law Judge Felter (ALJ) dated December 18, 1997, and mailed December 19, 1997. We dismiss the Petition to Review with prejudice. Although the parties have not raised this issue in their briefs, we do not have jurisdiction to review the ALJ's order in the absence of a timely filed petition to review. Buschmann v. Gallegos Masonry, Inc., 805 P.2d 1193 (Colo. App. 1991); Hasbrouck v. Industrial Commission, 685 P.2d 780 (Colo. App. 1984). Section 8-43-301(2), C.R.S. 1998 provides that a petition to review must be filed within twenty days of the date of the certificate of mailing of the ALJ's order. Where the petition is filed by mail, it is deemed filed on the date of the certificate of mailing of the petition provided the certificate indicates that the petition was mailed to the ALJ. Section 8-43-302(2), C.R.S. 1998 requires corrected orders be appealed in the same manner. Here, the ALJ's Corrected Order contains a certificate of mailing dated December 19, 1997. Therefore, a petition to review the Corrected Order had to be filed on or before Thursday, January 8, 1998. The respondents assert, the record reflects that the respondents' Petition to Review the Corrected Order was filed on January 9, 1998. Similarly, the Petition to Review contains a certificate of mailing to the ALJ dated January 9, 1998. Under these circumstances, the petition to review was not timely filed. Buschmann v. Gallegos...