CourtListener 10130066•Maines v. ICAO
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24CA0791 Maines v ICAO 10-03-2024
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA0791
Industrial Claim Appeals Office of the State of Colorado
DD No. 10153-2024
Katie Maines,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado and Children’s Hospital
Colorado,
Respondents.
ORDER AFFIRMED
Division I
Opinion by JUDGE LIPINSKY
J. Jones and Sullivan, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced October 3, 2024
Katie Maines, Pro Se
No Appearance for Respondents
¶1 Katie Maines seeks review of a final order of the Industrial
Claim Appeals Office (the Panel) dismissing her appeal of a decision
on her claim for unemployment insurance benefits. We affirm the
Panel’s order.
I. Background
¶2 Maines worked as a patient/family services specialist for
Children’s Hospital Colorado (CHC) from January 3, 2022, until
CHC terminated her employment on December 21, 2022. Maines
timely filed a claim with the Division of Unemployment Insurance
(Division) for benefits. On February 27, 2023, the Division notified
Maines that its deputy found she was disqualified from receiving
benefits, pursuant to section 873108(5)(e)(XX), C.R.S. 2024. In that
notice, the Division also advised Maines of the March 20, 2023,
deadline to appeal the deputy’s decision to a hearing officer.
¶3 Over a year later — on April 10, 2024 — Maines filed an
appeal to the Division’s hearing office. The same day, the hearing
officer issued an order dismissing Maines’s appeal as untimely
under Department of Labor and Employment Regulation 12.1.3.
The Panel affirmed the hearing officer’s order.
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II. Standard of Review
¶4 Under section 8-74-107(6), C.R.S. 2024, we may set aside a
decision of the Panel where (1) the Panel acted without or in excess
of its powers; (2) the decision was procured by fraud; (3) the
findings of fact do not support the decision; or (4) the decision is
erroneous as a matter of law.
III. Analysis
¶5 We construe pro se filings, like Maines’s, liberally. People v.
Bergerud, 223 P.3d 686, 696-97 (Colo. 2010). However, we may not
“act as an advocate for a pro se litigant” and thus will not invent
arguments on her behalf. People v. Cali, 459 P.3d 516, 522 (Colo.
2020); Minshall v. Johnston, 417 P.3d 957, 961 (Colo. App. 2018).
Maines only addresses the merits of the Division’s decision
regarding her disqualification and omits any discussion regarding
the timing of her appeal.
¶6 Section 8-74-106(1)(a), C.R.S. 2024, provides a twenty-day
timeframe for claimants to appeal a deputy’s decision. The hearing
officer may accept an appeal filed up to 180 days late upon a
showing of good cause. Dep’t of Labor & Emp’t Reg. 12.1.3, 7 Code
Colo. Regs. 1101-2. Past the 180 days, “good cause may not be
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established, a hearing shall not be scheduled, the appeal shall be
dismissed, and the deputy’s decision shall become final.” Id.
¶7 Maines filed her appeal outside that 180-day timeframe.
Therefore, we perceive no error in the Panel’s order affirming the
dismissal of Maines’s appeal.
IV. Disposition
¶8 The Panel’s order is affirmed.
JUDGE J. JONES and JUDGE SULLIVAN concur.
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