NAC and WCF v. Petersen

NAC and WCF v. Petersen

IN THE UTAH COURT OF APPEALS
 

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Newspaper Agency Corporation and/or Lumberman's Underwriting Alliance,
and Workers' Compensation Fund,

Petitioners,

v.

Eris Leemon Petersen,

Respondent.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20050092-CA
 

F I L E D
(March 17, 2005)
 

2005 UT App 141

 

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Original Proceeding in this Court

Attorneys: Michael E. Dyer, Salt Lake City, for Petitioners Newspaper Agency Corporation and Lumberman's Underwriting Alliance

Eugene C. Miller Jr., Salt Lake City, for Petitioner Workers' Compensation Fund

David W. Parker, Salt Lake City, for Respondent Eris Leemon Petersen

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Before Judges Davis, Jackson, and Thorne.

PER CURIAM:

    This case is before the court on the request of Newspaper Agency Corporation, Workers Compensation Fund, and Eris Leemon Petersen for summary dismissal of Lumberman's Underwriting Alliance's (Lumberman) petition for judicial review on the basis that this court lacks jurisdiction because the petition for appeal was untimely filed. See Utah R. App. P. 10. Lumberman's did not file a response to the request. Lumberman's sought review of the Administrative Law Judge's (ALJ) decision determining that Lumberman's was solely liable for Eris Petersen's injuries. The Appeals Board of the Utah Labor Commission (Appeals Board) issued its decision affirming the ALJ's decision on December 29, 2004.

    The order indicated, as required by Utah Code section 63-46b-14(3), that a petition for judicial review of the Utah Labor Commission Appeals Board's decision must be received by the court no later than thirty days after issuance of the decision. See Utah Code Ann. § 63-46b-14(3) (2004). Therefore, Lumberman's petition for review was to be filed in this court no later than January 28, 2005. However, the petition was not filed in this court until January 31, 2005.

    As a result, the petition for judicial review was untimely filed, and this court lacks jurisdiction. The petition for judicial review is dismissed.

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James Z. Davis, Judge

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Norman H. Jackson, Judge

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William A. Thorne Jr., Judge