Title 8, Labor and Industry
0 chapters · 874 sections in this title.
Colo. Rev. Stat. § 8-43-101 Record of injuries - occupational disease - reported to division - rules - definition
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(1) (a) Every employer shall keep a record of: All employee injuries that result in fatality, permanent physical impairment, lost time from work in excess of three shifts or calendar days, or active medical treatment for a period of more than one hundred eighty calendar days afte…
Colo. Rev. Stat. § 8-43-102 Notice to employer of injury - notice to employees - failure to report
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(1) (a) (I) Every employee who sustains an injury resulting from an accident shall notify the employee’s employer in writing of the injury within ten days after the occurrence of the injury. If the employee is physically or mentally unable to provide the notice, the employee’s fo…
Colo. Rev. Stat. § 8-43-103 Notice of injury - time limit
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(1) Notice of an injury, for which compensation and benefits are payable, shall be given by the employer to the division and insurance carrier, unless the employer is self-insured, within ten days after the injury, and, in case of the death of any employee resulting from any such…
Colo. Rev. Stat. § 8-43-104 Electronic filings - rules
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(1) The rejection for technical errors by the division of any document, form, or notice that is filed electronically shall not affect the validity of the notice to the claimant or any other party. (2) The director may promulgate rules concerning electronic filing of documents, fo…
Colo. Rev. Stat. § 8-43-201 Disputes arising under “Workers’ Compensation Act of Colorado”
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(1) The director and administrative law judges employed by the office of administrative courts in the department of personnel shall have original jurisdiction to hear and decide all matters arising under articles 40 to 47 of this title; except that the following principles shall …
Colo. Rev. Stat. § 8-43-202 Director may refer taking of evidence in cases to appropriate officials of other states
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The director, after notice to the parties in interest, may refer the taking of any evidence to any commission, court, or board administering in another state the compensation laws thereof, and such commission, court, or board of such other state, after notifying the parties in in…
Colo. Rev. Stat. § 8-43-203 Notice concerning liability - notice to claimants - notice of rights and claims process - rules
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(1) (a) The employer or, if insured, the employer’s insurance carrier shall notify in writing the division and the injured employee or, if deceased, the decedent’s dependents within twenty days after a report is, or should have been, filed with the division pursuant to section 8-…
Colo. Rev. Stat. § 8-43-204 Settlements - rules
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(1) An injured employee may settle all or part of any claim for compensation, benefits, penalties, or interest. If such settlement provides by its terms that the employee's claim or award shall not be reopened, such settlement shall not be subject to being reopened under any prov…
Colo. Rev. Stat. § 8-43-205 Mediation
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(1) Any party involved in a claim arising under articles 40 to 47 of this title may request mediation services by filing a request for mediation services with the division. However, mediation shall be entirely voluntary and shall not be conducted without the consent of all partie…
Colo. Rev. Stat. § 8-43-206 Settlement conference procedures
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(1) Any employee, insurer, or employer, if self-insured, involved in a dispute arising under articles 40 to 47 of this title may request settlement conference services from the director or the office of administrative courts in the department of personnel. However, such settlemen…
Colo. Rev. Stat. § 8-43-206.5 Right to binding arbitration for resolution of disputes under articles 40 to 47
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At any time prior to a hearing, the parties may agree to submit any dispute under articles 40 to 47 of this title to binding arbitration. Said arbitration shall be by an administrative law judge of the parties’ choice or pursuant to arbitration procedures as provided by the Color…
Colo. Rev. Stat. § 8-43-207 Hearings
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(1) Hearings shall be held to determine any controversy concerning any issue arising under articles 40 to 47 of this title. In connection with hearings, the director and administrative law judges are empowered to: (a) In the name of the division, issue subpoenas for witnesses and…
Colo. Rev. Stat. § 8-43-207.5 Prehearing conferences - rules - definition
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(1) Notwithstanding any provision of articles 40 to 47 of this title 8 to the contrary, at any time prior to the formal adjudication on the record of any issue before the director or an administrative law judge in the office of administrative courts in the department of personnel…
Colo. Rev. Stat. § 8-43-208 Investigations
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(1) For the purpose of making any investigation with regard to any matter contemplated by the provisions of articles 40 to 47 of this title, the director shall have power to appoint, with the approval of the executive director by an order in writing, any competent person as an ag…
Colo. Rev. Stat. § 8-43-209 Time schedule for hearings - establishment
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(1) Hearings must commence within one hundred twenty days from the date of the notice of setting by the director pursuant to section 8-43-211 (2)(a) or of the date shown on the certificate of service accompanying the request, notice, or application by a party or the party's attor…
Colo. Rev. Stat. § 8-43-210 Evidence
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Notwithstanding section 24-4-105, C.R.S., the Colorado rules of evidence and requirements of proof for civil nonjury cases in the district courts shall apply in all hearings; except that medical and hospital records, physicians' reports, vocational reports, and records of the emp…
Colo. Rev. Stat. § 8-43-211 Notice - request for hearing
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(1) At least thirty days before any hearing, the office of administrative courts in the department of personnel shall send written notice to all parties by regular or electronic mail or by facsimile. The notice must: (a) Give the time, date, and place of the hearing; (b) Inform t…
Colo. Rev. Stat. § 8-43-212 Compulsion of testimony
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When any person upon whom a subpoena issued in the name of the division has been served fails or refuses to appear, the party who requested the subpoena may apply to the district court in the county in which the person served resides for an order compelling attendance before the …
Colo. Rev. Stat. § 8-43-213 Transcripts
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(1) All testimony and argument of all hearings held pursuant to section 8-43-207 concerning any issue arising under articles 40 to 47 of this title shall either be taken verbatim by a hearing reporter or shall be electronically recorded by the division. (2) Any party in interest …
Colo. Rev. Stat. § 8-43-214 Transcript certified - evidence
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A transcribed copy of the evidence and proceedings, or any specific part thereof, of any investigation or hearing which was prepared at the direction of the director shall be certified by the hearing reporter, or the division if the hearing was recorded, to be a true and correct …
Colo. Rev. Stat. § 8-43-215 Orders
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(1) No more than fifteen working days after the conclusion of a hearing, the administrative law judge or director shall issue a written order allowing or denying the claim. The written order must either be a summary order or a full order. A full order must contain specific findin…
Colo. Rev. Stat. § 8-43-216 Frivolous claims for compensation - repeal. (Repealed)
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Source: L. 91: Entire section added, p. 1321, � 32, effective July 1. Editor's note: Subsection (3) provided for the repeal of this section, effective March 1, 1996. (See L. 91, p. 1321.)
Colo. Rev. Stat. § 8-43-217 Claims management - legislative declaration
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The general assembly hereby finds, determines, and declares that active management of workers' compensation claims should be practiced in order to expedite and simplify the processing of claims, reduce litigation, and better serve the public. Source: L. 91: Entire section added, …
Colo. Rev. Stat. § 8-43-218 Authority of director
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(1) The director shall have authority to appoint claims managers to review, audit, and close cases, to educate, inform, and assist the public as to the workers' compensation system, to promote speedy and uncomplicated problem resolution of workers' compensation matters, and to ot…
Colo. Rev. Stat. § 8-43-219 Not a limitation on rights or privileges
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Nothing in section 8-43-217 or 8-43-218 shall be construed to limit any party's rights or privileges as provided by law. Source: L. 91: Entire section added, p. 1321, � 32, effective July 1.
Colo. Rev. Stat. § 8-43-220 Injured worker exit survey
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(1) Upon closure of a claim, each insurer shall survey the claimant or, if deceased, the decedent's dependents regarding the claimant's satisfaction with the insurer for claims that are reported to the division pursuant to section 8-43-101. The survey shall be conducted in a form…
Colo. Rev. Stat. § 8-43-301 Petitions to review
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(1) Any order, corrected order, or supplemental order is final unless a petition to review or appeal has been filed in accordance with this article. (2) (a) (I) If a party is dissatisfied with an order that determines compensability of a claim or liability of any party, that requ…
Colo. Rev. Stat. § 8-43-302 Corrected orders
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(1) The director, an administrative law judge, or the panel may issue a corrected order: (a) At any time within thirty days after the entry of an order, to correct any clerical errors in the order. Clerical errors are grammatical or computational errors. (b) At any time within th…
Colo. Rev. Stat. § 8-43-303 Reopening
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(1) At any time within six years after the date of injury, the director or an administrative law judge may, after notice to all parties, review and reopen any award on the ground of fraud, an overpayment involving the circumstances described in section 8-42-113.5, an error, a mis…
Colo. Rev. Stat. § 8-43-304 Violations - penalty - offset for benefits obtained through fraud - rules
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(1) Any employer or insurer, or any officer or agent of either, or any employee, or any other person who violates articles 40 to 47 of this title 8, or does any act prohibited thereby, or fails or refuses to perform any duty lawfully enjoined within the time prescribed by the dir…
Colo. Rev. Stat. § 8-43-304.5 Penalties in rate-making
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For purposes of rate-making under sections 10-4-401, 10-4-402, and 10-4-403, C.R.S., insurers shall not include, nor shall the insurance commissioner consider, any penalties paid under section 8-43-304 or any damages awarded in suits founded upon breach of duty in handling a clai…
Colo. Rev. Stat. § 8-43-305 Each day separate offense
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Every day during which any employer or insurer, or officer or agent of either, or any employee, or any other person fails to comply with any lawful order of an administrative law judge, the director, or the panel or fails to perform any duty imposed by articles 40 to 47 of this t…
Colo. Rev. Stat. § 8-43-306 Collection of fines, penalties, and overpayments
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(1) A certified copy of any final order of the director or an administrative law judge ordering the payment of any penalty or repayment of overpayments pursuant to articles 40 to 47 of this title may be filed with the clerk of the district court of any county in this state at any…
Colo. Rev. Stat. § 8-43-307 Appeals to court of appeals
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(1) The final order of the panel constitutes the final order of the division. If a person in interest, including Pinnacol Assurance, is dissatisfied with any final order of the division that determines compensability of a claim or liability of any party, that requires any party t…
Colo. Rev. Stat. § 8-43-308 Causes for setting aside award
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Upon hearing the action, the court of appeals may affirm or set aside such order, but only upon the following grounds: That the findings of fact are not sufficient to permit appellate review; that conflicts in the evidence are not resolved in the record; that the findings of fact…
Colo. Rev. Stat. § 8-43-309 Actions in court tried within thirty days
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Any such action commenced in the court of appeals to set aside or modify any order shall be heard within thirty days after issue shall be joined, unless continued on order of the court for good cause shown. No continuance shall be for longer than thirty days at one time. Source: …
Colo. Rev. Stat. § 8-43-310 Error disregarded unless prejudicial
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The appeal shall be upon the record returned to the court by the industrial claim appeals office. Upon the hearing of any such action, the court shall disregard any irregularity or error of the director or the panel unless it affirmatively appears that the party complaining was d…
Colo. Rev. Stat. § 8-43-311 Court record transmitted to industrial claim appeals office - when
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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 appel…
Colo. Rev. Stat. § 8-43-312 Court may remand case or order entry of award
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Upon setting aside of any order, the court may recommit the controversy and remand the record in the case for further hearing or proceedings by the director, administrative law judge, or panel, or it may order entry of a proper award upon the findings as the nature of the case sh…
Colo. Rev. Stat. § 8-43-313 Summary review by supreme court
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Any affected party dissatisfied with the decision of the court of appeals may seek review by writ of certiorari in the supreme court. If the supreme court reviews the judgment of the court of appeals, such review shall be limited to a summary review of questions of law. Any such …
Colo. Rev. Stat. § 8-43-314 Fees - costs - duty of district attorneys and attorney general
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No fee shall be charged by the clerk of any court for the performance of any official service required by articles 40 to 47 of this title. On proceedings to review any order or award, costs as between the parties shall be allowed in the discretion of the court, but no costs shall…
Colo. Rev. Stat. § 8-43-315 Witnesses and testimony - mileage - fees - costs
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(1) The director or any agent, deputy, or administrative law judge may issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records and to administer oaths. Any person who serves a subpoena shall receive the same fee as the sher…
Colo. Rev. Stat. § 8-43-316 Appearance by officer for closely held entity
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An officer of a closely held entity as defined in section 13-1-127 (1)(a) may appear on behalf of any such closely held entity, which has obtained coverage as required by articles 40 to 47 of this title 8 in proceedings authorized under the Workers' Compensation Act of Colorado, …
Colo. Rev. Stat. § 8-43-317 Service of documents
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All documents that are required to be exchanged under articles 40 to 47 of this title shall be transmitted or served in the same manner or by the same means to all required recipients. Source: L. 2010: Entire section added, (SB 10-163), ch. 66, p. 233, � 6, effective March 31. 8-…
Colo. Rev. Stat. § 8-43-318 Remand of case or order - time limit for further proceedings consistent with ruling on appeal
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If a case or order is appealed to the panel, the court of appeals, or the supreme court, and the case or order is remanded with directions, the director, administrative law judge, or panel, as the case may be, shall issue an order consistent with those directions within thirty da…
Colo. Rev. Stat. § 8-43-401 District attorney or attorney of division to act for director or office - penalties for failure of insurer to pay benefits
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(1) Upon the request of the director or the industrial claim appeals office, the district attorney of any district or any attorney-at-law employed by the division shall institute and prosecute the necessary actions or proceedings for the enforcement of any of the provisions of ar…
Colo. Rev. Stat. § 8-43-401.5 Financial incentives to deny or delay claim or medical care - prohibition - penalties
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(1) No insurer, employee or contractor of an insurer, self-insured employer, employee or contractor of a self-insured employer, health-care provider, or employee or contractor of a health-care provider treating an injured worker under the provisions of articles 40 to 47 of this t…
Colo. Rev. Stat. § 8-43-402 False statement - felony
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If, for the purpose of obtaining an order, benefit, award, compensation, or payment pursuant to the provisions of articles 40 to 47 of this title 8, either for self-gain or for the benefit of any other person, anyone willfully makes a false statement or representation material to…
Colo. Rev. Stat. § 8-43-403 Attorney fees
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(1) A contingent fee shall not be applied to any medical benefits that have been previously incurred and will be paid to the claimant or directly to the medical care provider, in a permanent disability award, either by admission or settlement. If medical benefits are the only con…
Colo. Rev. Stat. § 8-43-404 Examination - refusal - personal responsibility - physicians to testify and furnish results - injured worker right to select treating physician - injured worker right to third-party communications - rules
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(1) (a) If in case of injury the right to compensation under articles 40 to 47 of this title exists in favor of an employee, upon the written request of the employee’s employer or the insurer carrying such risk, the employee shall from time to time submit to examination by a phys…