Prehearing and Settlement Conferences are conducted by an Administrative
Law Judge (ALJ) employed by The Division of Workers’ Compensation. Prehearing
conferences are held to resolve procedural disputes in workers’ compensation
litigation. Prehearing conferences can simplify and in many cases resolve
legal issues by agreement or by Order.
Settlement conferences may provide the parties the opportunity to hear a
judge’s confidential perspective regarding the strengths and weaknesses of
their factual and legal arguments and chances of prevailing at hearing.
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Prehearing Conferences are always scheduled whenever a party
requests one. Call 303-866-5508 to schedule a prehearing conference. Give
written notice of the prehearing conference issues to be considered and
transmit that notice to opposing counsel at least 5 business days prior to
the prehearing conference (this requirement may be waived by agreement of
both parties). See W.C.R.P. 9-2(C)(1).
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Both oral and written motions may be raised and decided at
Prehearing Conferences. A written motion is not necessary. If you wish,
you may file a written motion or a written response to a motion that will
be considered at the Prehearing Conference. See W.C.R.P. 9-2(c)(3).
Written motions and other written documents to be considered may be
faxed to the Prehearing Unit at (303)866-5588 (fax number).
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Scheduling of a Prehearing Conference does not require the
agreement of the opposing party (unlike Settlement Conferences). Obviously,
the setting party should attempt to clear dates with opposing counsel, but
once a Prehearing Conference is requested, participation is not optional. A
party may, however, file an objection to holding a Prehearing Conference,
pursuant to W.C.R.P. 9-2(c)(2)(a).
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An ALJ or the Director can order parties to attend a
Prehearing Conference, even if neither side has requested one.
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The goal of the Prehearing Unit is to provide a method for the
timely resolution of disputes. Therefore, when applying for a Prehearing
Conference, state if your matter is urgent. In most cases the Prehearing
Unit can rearrange its docket to accommodate urgent Prehearings.
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Prehearing Conferences may be held by telephone, without
appearances in person.
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Prehearing judges can make evidentiary rulings on motions in
Limine. See C.R.S. 8-43-207.5(2). Collectively the five prehearing judges
have almost 100 years of experience with civil action bench and jury trials
and administrative hearings, all as litigation counsel, to draw upon for
knowledge of evidence.
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Settlement Conferences are voluntary. However, an ALJ, and in
some cases the Colorado Court of Appeals, can order the parties to attend a
Settlement Conference. However, even when ordered to attend a settlement
conference, that does not require both sides to settle the case.
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Settlement Conferences are confidential. Information
discussed in a Settlement Conference may not be used as evidence in a
hearing.
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All 5 prehearing judges have had formal mediation training and
extensive experience in conducting settlement conferences.
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All settlements must be approved by Order of an ALJ or the
Director. Pro se settlement approval requires an advisement hearing before
an ALJ.
To request
more information or schedule a Prehearing or Settlement Conference call:
| Setting Line (for dates & scheduling) |
(303) 866-5508 |
|
Judy Nichols,
Office Administrator (for unit info & info on motions or orders) |
(303) 866-5527 |
| Prehearing & Settlement Conference Unit facsimile
(fax) |
(303) 866-5588 |
| DOWC Customer Service |
(303) 318-8700 |
