Zuver v. Industrial Commission of Colorado

• Decision Date: 10 January 1927
• Docket Number: 11702.
• Citation: 252 P. 361,80 Colo. 429
• Parties: ZUVER v. INDUSTRIAL COMMISSION OF COLORADO et al.
• Court: Colorado Supreme Court

252 P. 361

80 Colo. 429

ZUVER v. INDUSTRIAL COMMISSION OF COLORADO et al.

No. 11702.

Supreme Court of Colorado, En Banc.

January 10, 1927

Error to District Court, City and County of Denver; George F. Dunklee, Judge.

Suit by William C. Zuver against the Industrial Commission of Colorado and another to review the action of said commission in denying him compensation. Judgment of dismissal, and plaintiff brings error.

Affirmed.

Harry C. Green, of Denver, for plaintiff in error.

William L. Boatright, Atty. Gen., and Jean S. Breitenstein, Asst. Atty. Gen., for defendant in error Industrial Commission of Colorado.

Smith & Brock and Milton Smith, Jr., all of Denver, for defendant in error Mountain States Telephone & Telegraph Co.

DENISON, J.

The plaintiff in error brought suit to review the action of the Industrial Commission which denied him compensation. His case was dismissed, and he brings error. The judgment was right.

Zuver's claim was disallowed by the referee, and, on motion for review, the referee sent the whole case to the commission, which also denied compensation. No petition for review was then made to the commission. Under these facts no action lies in the district court to review the commission's award. Carlson v. Ind. Com., 79 Colo. 124, 244 P. 68. See, also, Brady v. Industrial Commission, 80 Colo. 62, 249 P. 6.

Plaintiff in error argues that his attorney withdrew after the commission's award, and that he did not know that the application for review was necessary, but we cannot ignore the statute.

Judgment affirmed.

ALLEN, C.J., not participating.