Opinion
No. 72-036
Decided August 29, 1972.
Referee of Division of Employment granted unemployment compensation claimant full benefits. Industrial Commission reversed referee and awarded no benefits. Division of Employment, alone, appealed.
Appeal Dismissed
1. SOCIAL SECURITY AND PUBLIC WELFARE — Division of Employment — Department of Labor and Employment — Not Proper Parties — Appeal — Industrial Commission's Order. Where unemployment compensation claimant did not appeal Industrial Commission's denial of benefits and employer entered no appearance in the appeal, the Division of Employment and the Department of Labor and Employment are not proper parties to bring an appeal on the matter.
Review of Order from the Industrial Commission of the State of Colorado
Duke W. Dunbar, Attorney General, John P. Moore, Deputy, Robert L. Harris, Assistant, for petitioner.
Duke W. Dunbar, Attorney General, John P. Moore, Deputy, James L. Carpenter, for respondent, Colorado Industrial Commission.
William L. Sanchez (employee) filed a claim for unemployment compensation following the termination of his employment by Otterstein and Company (employer). There was a dispute over the date of the termination and the cause. The deputy of the Division of Employment entered a no award decision. Employee appealed to the referee who reversed the decision of the deputy and entered an award for full benefits. Employer appealed to the Industrial Commission (Ex-officio Unemployment Compensation Commission) which reversed the referee and entered a no award decision.
The employee has not appealed and the employer has entered no appearance. The Division of Employment of the Colorado Department of Labor and Employment brings this appeal from the decision of its own commission. We find no precedent or statutory authority for the Division of Employment (Division) or the Department of Labor and Employment (Department) to appeal from a decision of the Commission.
The Department is identified as an "interested party" to any benefit decision, C.R.S. 1963, 82-1-3(12), and a petition to review any decision of the Commission may be filed by an "interested party". C.R.S. 1963, 82-5-10(1). However, there is an additional qualification to the right of review. The interested party must be a "party aggrieved" by the decision of the Commission. 1969 Perm. Supp., C.R.S. 1963, 82-5-11. No allegation is made, nor is there any evidence in the record, that the Department was aggrieved by the decision of the Commission denying an award to the employee. The Division of Employment is not even identified as an "interest party" in the Colorado Employment Security Act. See C.R.S. 1963, 82-1-3(2) 12.
[1] We hold that the Division of Employment and the Department of Labor and Employment are not proper parties to bring this appeal.
If this appeal was intended to bring before this court questions of law for determination, we call the parties' attention to the statutory provision that the Commission, in its discretion, may certify to this court questions of law involved in any decision made by the Commission. 1969 Perm. Supp., C.R.S. 1963, 82-5-11.
Appeal dismissed.
JUDGE COYTE and JUDGE DWYER concur.