Colorado § 8-43-311 - Court record transmitted to industrial claim appeals office - when.

§ 8-43-311. Court record transmitted to industrial claim appeals office - when.

It is the duty of the clerk of the court of appeals, without order of court or application of the panel, to transmit the record in any case to the industrial claim appeals office within twenty-five days after the order or judgment of the court unless in the meantime further appellate review is granted by the supreme court. If the supreme court grants further appellate review, the clerk shall return the record immediately upon receipt of remittitur from the supreme court, unless the order of the supreme court requires further action by the court of appeals, and then within twenty-five days after such further action.

Source: L. 90: Entire article R&RE, p. 511, § 1, effective July 1.

Editor's note: This section is similar to former § 8-53-123 as it existed prior to 1990.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

This section operates as a short statute of limitations. Kosmos v. Indus. Comm'n, 96 Colo. 90, 39 P.2d 780 (1934).

It is an express mandate in form, its purpose is to secure speedy compensation for those in need, and to relieve from the law's delay those unable to bear it. General Chem. Co. v. Thomas, 71 Colo. 28, 203 P. 660 (1922).

And appellate review which is not granted within the time provided will be denied on motion. General Chem. Co. v. Thomas, 71 Colo. 28, 203 P. 660 (1922); Kosmos v. Indus. Comm'n, 96 Colo. 90, 39 P.2d 780 (1934).

Under this section an aggrieved party has only 25 days within which to obtain a grant of appellate review. Hull v. Denver Tramway Corp., 97 Colo. 523, 50 P.2d 791 (1935).

Even where the grant of appellate review is actually issued before the record is transmitted to the commission (now the industrial claim appeals office), the grant of appellate review will be denied for the words "in the meantime" mean within the 25 days, not before the issue of the grant of appellate review, and the delay of the clerk in transmitting the record, being a disobedience of the law, cannot avail. General Chem. Co. v. Thomas, 71 Colo. 28, 203 P. 660 (1922).

And inability to secure judge's signature to bill of exceptions is no excuse. The fact that the applicant was unable to secure the signature of the trial judge to the bill of exceptions afforded no legal excuse for delaying the application for the grant of appellate review until after the expiration of the prescribed period. Hull v. Denver Tramway Corp., 97 Colo. 523, 50 P.2d 791 (1935).