C.R.S. 8-43-101. Record of injuries - occupational disease - reported to division.
(1) Every employer shall keep a record of all injuries that
result in fatality to, or permanent physical impairment of, or lost
time from work for the injured employee in excess of three shifts or
calendar days and the contraction by an employee of an occupational
disease that has been listed by the director by rule. Within ten
days after notice or knowledge that an employee has contracted such
an occupational disease, or the occurrence of a permanently
physically impairing injury, or lost-time injury to an employee, or
immediately in the case of a fatality, the employer shall, upon
forms prescribed by the division for that purpose, report said
occupational disease, permanently physically impairing injury,
lost-time injury, or fatality to the division. The report shall
contain such information as shall be required by the director.
(2) Unless exempted by the director pursuant to rule because of a
small number of filings or a showing of financial hardship,
beginning July 1, 2006, reports submitted pursuant to this section
shall be submitted in an electronic format as determined by the
director. Exposure to an injurious substance as defined by the
director by rule and injuries to employees that result in no more
than three days' or three shifts' loss of time from work, or no
permanent physical impairment, or no fatality to the employee shall
be reported by the employer only to the insurer of and exposure the
employer's workers' compensation insurance liability, which injuries
and exposure the insurer shall report only by monthly summary form
to or as otherwise requested by the division.
C.R.S. 8-42-107.2(5). Selection of independent medical examiner - procedure -
time - applicability
(a) Except as provided in paragraph (b) of this
subsection (5), the requesting party shall advance the full cost
of the independent medical examination to the IME at least ten days
before the appointed time for the examination. (Emphasis
added.)
(b) A claimant who has established that he or she is indigent
shall receive an independent medical examination without having to
advance the cost to the independent medical examiner. The director
of the division of workers' compensation shall promulgate rules to
establish a procedure to determine indigence.
...If
vocational rehabilitation is offered and accepted, any party may
at any time terminate vocational rehabilitation upon fourteen days’
written notice to the parties and the director. For purposes of
this section, termination of vocational rehabilitation shall be the
same as if vocational rehabilitation had never been offered and
accepted, and the employer or insurance carrier shall not be
entitled to recover any temporary total disability benefits paid
during the period that vocational rehabilitation was provided.
(Emphasis added.)
C.R.S. 8-44-204 (8). Public entities - self-insurance
authorized for workers' compensation - pooled insurance.
(a) The certificate of authority issued to a public entity under
this section may be revoked or suspended by the commissioner of
insurance for any of the following reasons:
(I) Insolvency or impairment;
(II) Refusal or failure to submit an annual report as required by
subsection (6) of this section;
(III) Failure to comply with the provisions of its own
ordinances, resolutions, contracts, or other conditions relating to
the self-insurance pool;
(IV) Failure to submit to examination or any legal obligation
relative thereto;
(V) Refusal to pay the cost of examination as required by
subsection (7) of this section;
(VI) Use of methods which, although not otherwise specifically
proscribed by law, nevertheless render the operation of the
self-insurance pool hazardous, or its condition unsound, to the
public;
(VII) Failure to otherwise comply with the law of this state, if
such failure renders the operation of the self-insurance pool
hazardous to the public.
(b) If the commissioner of insurance finds upon examination,
hearing, or other evidence that any participating public entity has
committed any of the acts specified in paragraph (a) of this
subsection (8) or any act otherwise prohibited in this section, the
commissioner may suspend or revoke such certificate of authority if
the commissioner deems it in the best interest of the public. Notice
of any revocation shall be published in one or more daily newspapers
in Denver which have a general state circulation. Before suspending
or revoking any certificate of authority of a public entity, the
commissioner shall grant the public entity fifteen days in which to
show cause why such action should not be taken. (Emphasis added.)
C.R.S. 8-43-203. Notice concerning liability - notice to
claimant.
(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
8-43-101, whether liability is admitted or
contested; except that, for the purpose of this section, any
knowledge on the part of the employer, if insured, is not knowledge
on the part of the insurance carrier. The employer or the employer's
insurance carrier may notify the division electronically. Unless
exempted by the director pursuant to rule because of a small number
of filings or a showing of financial hardship, beginning July 1,
2006, all notices of contest shall be filed electronically. The
rejection of an electronically filed notice by the division for a
technical error shall not affect the validity of the notice to the
claimant. If the insurance carrier or self-insured employer denies
liability for the claim, the claimant may request an expedited
hearing on the issue of compensability if the application therefor
is filed within forty-five days after the date of mailing of the
notice of contest. The director shall set any such expedited matter
for hearing within forty days after the date of the application,
when the issue is liability for the disease or injury. The time
schedule for such an expedited hearing is subject to the extensions
set forth in section
8-43-209.
(b) The written notice given pursuant to this subsection (1) shall
include a specific reference to the claimant's obligations under
section
8-42-113.5.
(1.5) (Deleted by amendment, L. 92, p. 1825, § 4, effective April
29, 1992.)
(2) (a) If such notice is not filed as provided in subsection (1) of
this section, the employer or, if insured, the employer's insurance
carrier, as the case may be, may become liable to the claimant, if
the claimant is successful on the claim for compensation, for up to
one day's compensation for each day's failure to so notify; except
that the employer or, if insured, the employer's insurance carrier
shall not be liable for more than the aggregate amount of three
hundred sixty-five days' compensation for failure to timely admit or
deny liability. Fifty percent of any penalty paid pursuant to this
subsection (2) shall be paid to the subsequent injury fund, created
in section
8-46-101, and fifty percent to the claimant.
(b) (I) If the employer or, if insured, the employer's insurance
carrier admits liability, such notice shall specify the amount of
compensation to be paid, to whom compensation will be paid, the
period for which compensation will be paid, and the disability for
which compensation will be paid, and payment thereon shall be made
immediately.
(II) An admission of liability for final payment of compensation
shall include a statement that this is the final admission by the
workers' compensation insurance carrier in the case, that the
claimant may contest this admission if the claimant feels entitled
to more compensation, to whom the claimant should provide written
objection, and notice to the claimant that the case will be
automatically closed as to the issues admitted in the final
admission if the claimant does not, within thirty days after the
date of the final admission, contest the final admission in writing
and request a hearing on any disputed issues that are ripe for
hearing, including the selection of an independent medical examiner
pursuant to section
8‑42‑107.2 if an independent medical examination
has not already been conducted. If an independent medical
examination is requested pursuant to section
8‑42‑107.2, the
claimant is not required to file a request for hearing on disputed
issues that are ripe for hearing until after completion of the
division's independent medical examination. This information shall
also be included in the admission of liability for final payment of
compensation. The respondents shall have thirty days after the date
of mailing of the report from the division's independent medical
examiner to file a revised final admission or to file an application
for hearing. The claimant shall have thirty days after the date
respondents file the revised final admission or application for
hearing to file an application for hearing, or a response to the
respondents' application for hearing, as applicable, on any disputed
issues that are ripe for hearing. The revised final admission shall
contain the statement required by this subparagraph (II) and the
provisions relating to contesting the revised final admission shall
apply. When the final admission is predicated upon medical reports,
such reports shall accompany the final admission.
(c) No penalty may be assessed under this subsection (2) for failure
to timely admit or deny liability if a request for such penalty is
filed more than seven years after the alleged violation. The
division shall retain original claim records filed with the division
for at least seven years after closure of the case. Seven years
after a case is closed, the records may only be used for reopening a
settlement on the grounds of fraud or mutual mistake of material
fact.
(d) Once a case is closed pursuant to this subsection (2), the
issues closed may only be reopened pursuant to section
8-43-303.
Upon proper showing in writing made within said times fixed therefor,
the director may extend the time for filing such admission of
liability or notice of contest, but not exceeding ten days at any
one time. Hearings may be set to determine any matter, but, if any
liability is admitted, payments shall continue according to admitted
liability.
C.R.S.
8-43-304(4). Violations - penalty -
offset for benefits obtained through fraud.
In any application for hearing for any penalty
pursuant to subsection (1) of this section, the applicant shall state
with specificity the grounds on which the penalty is being asserted.
After the date of mailing of such an application, an alleged violator
shall have twenty days to cure the violation. If the violator cures the
violation within such twenty-day period, and the party seeking such
penalty fails to prove by clear and convincing evidence that the alleged
violator knew or reasonably should have known such person was in
violation, no penalty shall be assessed. The curing of the violation
within the twenty-day period shall not establish that the violator knew
or should have known that such person was in violation.
C.R.S.
8-42-113.5(1). Recovery of overpayments - notice required.
If a claimant has received an award for the payment of disability benefits or a
death benefit...and also receives any payment, award, or entitlement to benefits
under the federal old-age, survivors, and disability insurance act, an
employer-paid retirement benefit plan, or any other plan, program, or source for
which the original disability benefits or death benefit is required to be
reduced...but which were not reflected in the calculation of such disability
benefits or death benefit:
(a) Within twenty calendar days after learning
of such payment, award, or entitlement, the claimant, or the legal
representative of a claimant who is a minor, shall give written notice
of the payment, award, or entitlement to the employer or, if the
employer is insured, to the employer's insurer. If the claimant or
legal representative gives such notice, any overpayment that resulted
from the failure to make the appropriate reduction in the original
calculation of such disability benefits or death benefit shall be
recovered by the employer or insurer in installments at the same rate
as, or a lower rate than, the rate at which the overpayments were made.
Such recovery shall reduce the disability benefits or death benefit
payable after all other applicable reductions have been made. (Emphasis
added.)
(b) If the claimant or legal representative of a claimant who is a
minor was receiving benefits in excess of the amounts that should have
been paid under articles 40 to 47 of this title and failed to give the
notice required by paragraph (a) of this subsection (1), the employer or
insurer is authorized to cease all disability or death benefit payments
immediately until the overpayments have been recovered in full.
C.R.S.
8-43-404(5).
Examination - refusal - personal responsibility - physicians to testify
and furnish results.
(a) In all cases of
injury, the employer or insurer has the right in the first instance to
select the physician who attends said injured employee. If the services
of a physician are not tendered at the time of injury, the employee
shall have the right to select a physician or chiropractor. Upon
written request to the insurance carrier or employer's authorized
representative if self-insured, the employee may procure written
permission to have a personal physician or chiropractor attend said
employee. If such permission is neither granted nor refused within
twenty days, the employer or insurance carrier shall be deemed to have
waived any objection thereto. Objection shall be in writing and
shall be deposited in the United States mail or hand delivered to the
employee within said twenty days. Upon the proper showing to the
division, the employee may procure its permission at any time to have a
physician of the employee's selection attend said employee, and in any
nonsurgical case the employee, with such permission, in lieu of medical
aid, may procure any nonmedical treatment recognized by the laws of this
state as legal, the practitioner administering such treatment to receive
such fees therefor under the medical provisions of articles 40 to 47 of
this title as may be fixed by the division. (Emphasis added.)
C.R.S.
8-42-107(8)(b.5). Medical impairment benefits -
determination of MMI for scheduled and nonscheduled injuries.
When an authorized treating physician providing primary care who is not
accredited under the level II accreditation program pursuant to section
8-42-101 (3.5) makes a determination that an employee has reached
maximum medical improvement, the following procedures shall apply:
(I) (A) If
the employee is not a state resident upon reaching maximum medical
improvement, such physician shall, within twenty days after the
determination of maximum medical improvement, determine whether the
employee has sustained any permanent impairment. If the employee has
sustained any permanent impairment, such physician shall conduct such
tests as are required by the revised third edition of the "American
Medical Association Guides to the Evaluation of Permanent Impairment" to
determine such employee's medical impairment rating and shall transmit
to the self-insured employer or insurer all test results and all
relevant medical information. (Emphasis added.)
(B) However,
if the employee chooses not to have the authorized treating physician
perform such tests, or if the information is not transmitted in a timely
manner, the self-insured employer or insurer shall arrange and pay for
the employee to return to Colorado for examination, testing, and rating,
at the expense of the self-insured employer or insurer. If the employee
refuses to return to Colorado for examination, no permanent disability
benefits shall be awarded.
(C) The
self-insured employer or insurer shall, within twenty days after receipt
of the medical information described in sub-subparagraph (A) of this
subparagraph (I), appoint a level II accredited physician to determine
the employee's medical impairment rating. If the employee was
treated by an authorized level II accredited physician in Colorado for
the same injury for which a medical impairment rating is being sought,
the self-insured employer or insurer shall request such physician to
determine the claimant's medical impairment rating. At the same time as
such rating is transmitted to the self-insured employer or insurer, the
level II physician shall transmit a copy of the same to the authorized
treating physician and the employee. (Emphasis added.)
(D) If the
employee, insurer, or self-insured employer disputes a medical
impairment rating, including a finding that there is no medical
impairment, made pursuant to sub-subparagraph (A) of this subparagraph
(I), the parties to the dispute may select an independent medical
examiner in accordance with section
8-42-107.2 to review the rating. The
cost of such independent medical examination shall be borne by the
requesting party. The finding of such independent medical examiner shall
be overcome only by clear and convincing evidence. Any review by an
independent medical examiner shall be based on the employee's written
medical records only, without further examination, unless a party to the
dispute requests that such review include a physical examination by the
independent medical examiner. Except when the provisions of section
8-42-107.2 (5) (b) apply, the party requesting a physical examination
shall pay all additional costs, including, if applicable, the reasonable
cost of returning the employee to Colorado.
(II) If the
employee is a state resident, such physician shall, within twenty days
after the determination of maximum medical improvement, determine
whether the employee has sustained any permanent impairment. If the
employee has sustained any permanent impairment, such physician shall
refer such employee to a level II accredited physician for a medical
impairment rating, which shall be based on the revised third edition of
the "American Medical Association Guides to the Evaluation of Permanent
Impairment". If the referral is not timely made by the authorized
treating physician, the insurer or self-insured employer shall refer the
employee to a level II accredited physician within forty days after the
determination of maximum medical improvement. If the employee, insurer,
or self-insured employer disputes the finding regarding permanent
medical impairment, including a finding that there is no permanent
medical impairment, the parties to the dispute may select an independent
medical examiner in accordance with section
8-42-107.2. The finding of
any such independent medical examiner shall be overcome only by clear
and convincing evidence. (Emphasis added.)
C.R.S. 8-43-301 (2). Petitions to review.
Any party
dissatisfied with an order which requires any party to pay a penalty or
benefits or denies a claimant any benefit or penalty may file a petition
to review with the director, if the order was entered by the director,
or with the administrative law judge at the place indicated in the
order, if the order was entered by the administrative law judge, and
serve the same by mail on all the parties. Such petition shall be filed
within twenty days from the date of the certificate of mailing of the
order, and, unless so filed, such order shall be final. The petition to
review may be filed by mail, and shall be deemed filed upon the date of
mailing, as determined by the certificate of mailing, provided the
certificate of mailing indicates that the petition to review was mailed
to the appropriate administrative law judge or to the director, if
appropriate. The petition to review shall be in writing and shall set
forth in detail the particular errors and objections of the petitioner. A
petitioner shall, at the same time, order any transcript relied upon for
the petition to review, arrange with the hearing reporter to pay for the
same, and notify opposing parties of the transcript ordered. Opposing
parties shall have twenty days from the date of the certificate of
mailing of the petition to review to order any other transcript not
ordered by the petitioner and arrange with the hearing reporter to pay
for the same. (Emphasis added.)
C.R.S. 8-43-203(2).
Notice concerning liability - notice to claimant.
(b)(II) An
admission of liability for final payment of compensation shall include a
statement that this is the final admission by the workers' compensation
insurance carrier in the case, that the claimant may contest this
admission if the claimant feels entitled to more compensation, to whom
the claimant should provide written objection, and notice to the
claimant that the case will be automatically closed as to the issues
admitted in the final admission if the claimant does not, within thirty
days after the date of the final admission, contest the final admission
in writing and request a hearing on any disputed issues that are ripe
for hearing, including the selection of an independent medical examiner
pursuant to section 8-42-107.2 if an independent medical examination has
not already been conducted. If an independent medical examination is
requested pursuant to section
8-42-107.2, the claimant is not required to file a request for
hearing on disputed issues that are ripe for hearing until after
completion of the division's independent medical examination. This
information shall also be included in the admission of liability for
final payment of compensation. The respondents shall have thirty days
after the date of mailing of the report from the division's independent
medical examiner to file a revised final admission or to file an
application for hearing. The claimant shall have thirty days after the
date respondents file the revised final admission or application for
hearing to file an application for hearing, or a response to the
respondents' application for hearing, as applicable, on any disputed
issues that are ripe for hearing. The revised final admission shall
contain the statement required by this subparagraph (II) and the
provisions relating to contesting the revised final admission shall
apply. When the final admission is predicated upon medical reports, such
reports shall accompany the final admission. (Emphasis added.)
C.R.S. 8-43-209(1).
Time schedule for hearings - establishment.
The director of the Office of Administrative Courts shall establish
a time schedule for hearings by administrative law judges within the
time limits for such hearings as established in this section.
Hearings shall be heard within eighty to one hundred days after the
occurrences listed in section
8-43-211 (2). One extension of time of no more than sixty days shall
be granted by an administrative law judge upon agreement of the parties.
(Emphasis added.)
Any hearing conducted under this article shall be completed within
one hundred twenty days, or in the case where an extension of time of
sixty days is allowable under the provisions of section
8-43-209, one
hundred sixty days, after a request therefore pursuant to section
8-43-211 (2). At the conclusion of a hearing, the administrative law
judge or director shall issue a written order allowing or denying said
claim. Such written order shall contain specific findings of fact and
conclusions of law. If compensation benefits are granted, such written
order shall specify the amounts thereof, the disability for which
compensation benefits are granted, by whom and to whom such benefits
shall be paid, and the method and time of such payments. Such written
order shall be issued within thirty calendar days after the conclusion
of such hearing, and a certificate of mailing and a copy of such written
order shall be mailed, by regular or electronic mail, to each of the
parties in interest, the original of which shall be a part of the
records in said case. Such written order shall be entered as the final
award of the administrative law judge or director subject to review as
provided in this article. (Emphasis added.)
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:
(n)Dismiss all issues in the case
except as to resolved issues and except as to benefits already received,
upon thirty days notice to all the parties, for failure to prosecute the
case unless good cause is shown why such issues should not be dismissed.
For purposes of this paragraph (n), it shall be deemed a failure to
prosecute if there has been no activity by the parties in the case for a
period of at least six months. (Emphasis added.)
C.R.S. 8-41-204. Injury outside of state - benefits in accordance with state law.
If an employee
who has been hired or is regularly employed in this state receives
personal injuries in an accident or an occupational disease arising out
of and in the course of such employment outside of this state, the
employee, or such employee's dependents in case of death, shall be
entitled to compensation according to the law of this state. This
provision shall apply only to those injuries received by the employee
within six months after leaving this state, unless, prior to the
expiration of such six-month period, the employer has filed with the
division notice that the employer has elected to extend such coverage
for a greater period of time. (Emphasis added.)
C.R.S. 8-43-206. Compensation in lump sum.
(1) At any
time after six months have elapsed from the date of injury, the
director, in the exercise of discretion, after five days' prior notice
to the parties, may order payment of all or any part of the compensation
awarded in a lump sum, or in such manner as the director may determine
to be for the best interests of the parties concerned, and the
director's order shall be final and not subject to review. When payment
in a lump sum is ordered, the director shall fix the amount to be paid
based on the present worth of partial payments, considering interest at
four percent per annum, and less a deduction for the contingency of
death. (Emphasis added.)
(2) The
aggregate of all lump sums granted to a claimant who has been awarded
compensation by the director for permanent total disability or death
benefits shall not exceed thirty-seven thousand five hundred sixty
dollars. In the case of permanent partial disability, the director shall
order payment upon application by the employee not to exceed
thirty-seven thousand five hundred sixty dollars to be paid based on the
present worth of partial payments, considering interest at four percent
per annum.
C.R.S. 8-43-304(5).
Violations - penalty - offset for benefits
obtained through fraud.
A request for penalties shall be filed with the director or
administrative law judge within one year after the date that the
requesting party first knew or reasonably should have known the facts
giving rise to a possible penalty.
C.R.S. 8-43-103(2).
Notice of injury - time limit.
The director and administrative law judges employed by the Office of Administrative Courts shall have jurisdiction at all times to hear and
determine and make findings and awards on all cases of injury for which
compensation or benefits are provided by articles 40 to 47 of this
title. Except in cases of disability or death resulting from exposure
to radioactive materials, substances, or machines or to fissionable
materials, or any type of malignancy caused thereby, or from poisoning
by uranium or its compounds, or from asbestosis, silicosis, and
anthracosis, the right to compensation and benefits provided by said
articles shall be barred unless, within two years after the injury or
after death resulting therefrom, a notice claiming compensation is filed
with the division.This limitation shall not apply to any
claimant to whom compensation has been paid or if it is established to
the satisfaction of the director within three years after the injury or
death that a reasonable excuse exists for the failure to file such
notice claiming compensation and if the employer's rights have not been
prejudiced thereby, and the furnishing of medical, surgical, or hospital
treatment by the employer shall not be considered payment of
compensation or benefits within the meaning of this section; but, in all
cases in which the employer has been given notice of an injury and
fails, neglects, or refuses to report said injury to the division as
required by the provisions of said articles, this statute of limitations
shall not begin to run against the claim of the injured employee or said
employee's dependents in the event of death until the required report
has been filed with the division. (Emphasis added.)
C.R.S. 8-43-303(2).
Reopening.
(a) At any
time within two years after the date the last temporary or permanent
disability benefits or dependent benefits excluding medical benefits
become due or payable, the director or an administrative law judge
may, after notice to all parties, review and reopen an award on the
ground of fraud, an overpayment, an error, a mistake, or a change in
condition, except for those settlements entered into pursuant to
section
8-43-204 in which the claimant waived all right to reopen an
award; but a settlement may be reopened at any time on the ground of
fraud or mutual mistake of material fact. Upon a prima facie showing
that the claimant received overpayments, the award shall be reopened
solely as to overpayments and repayment shall be ordered. In cases
involving the circumstances described in section
8-42-113.5, recovery of
overpayments shall be ordered in accordance with said section. If an
award is reopened under this paragraph (a) on grounds of an error, a
mistake, or a change in condition, compensation and medical benefits
previously ordered may be ended, diminished, maintained, or increased.
No such reopening shall affect the earlier award as to moneys already
paid except in cases of fraud or overpayment. Any order entered under
this paragraph (a) shall be subject to review in the same manner as
other orders. (Emphasis added.)
(b) At any
time within two years after the date the last medical benefits become
due and payable,the director or an administrative law judge
may, after notice to all parties, review and reopen an award only as to
medical benefits on the ground of an error, a mistake, or a change in
condition, except for those settlements entered into pursuant to section
8-43-204 in which the claimant waived all right to reopen an award; but
a settlement may be reopened at any time on the ground of fraud or
mutual mistake of material fact. If an award is reopened under this
paragraph (b), medical benefits previously ordered may be ended,
diminished, maintained, or increased. No such reopening shall affect the
earlier award as to moneys already paid. Any order entered under this
paragraph (b) shall be subject to review in the same manner as other
orders. (Emphasis added.)
C.R.S. 8-43-103(2).
Notice of injury - time limit.
The director and administrative law judges employed by the Office of Administrative Courts shall have jurisdiction at all times to hear and
determine and make findings and awards on all cases of injury for which
compensation or benefits are provided by articles 40 to 47 of this
title. Except in cases of disability or death resulting from exposure to
radioactive materials, substances, or machines or to fissionable
materials, or any type of malignancy caused thereby, or from poisoning
by uranium or its compounds, or from asbestosis, silicosis, and
anthracosis, the right to compensation and benefits provided by said
articles shall be barred unless, within two years after the injury or
after death resulting therefrom, a notice claiming compensation is filed
with the division. This limitation shall not apply to any claimant to
whom compensation has been paid or if it is established to the
satisfaction of the director within three years after the injury or
death that a reasonable excuse exists for the failure to file such
notice claiming compensationand if the employer's rights have not
been prejudiced thereby, and the furnishing of medical, surgical, or
hospital treatment by the employer shall not be considered payment of
compensation or benefits within the meaning of this section; but, in all
cases in which the employer has been given notice of an injury and
fails, neglects, or refuses to report said injury to the division as
required by the provisions of said articles, this statute of limitations
shall not begin to run against the claim of the injured employee or said
employee's dependents in the event of death until the required report
has been filed with the division. (Emphasis added.)
C.R.S. 8-41-206.
Disability beginning five years after injury.
Any disability beginning more than five years after the date of
injury shall be conclusively presumed not to be due to the injury,
except in cases of disability or death resulting from exposure to
radioactive materials, substances, or machines or to fissionable
materials, or any type of malignancy caused thereby, or from poisoning
by uranium or its compounds, or from asbestosis, silicosis, or
anthracosis. (Emphasis added.)
C.R.S. 8-43-103(3).
Notice of injury - time limit.
In cases of disability or death resulting from exposure to radioactive
materials, substances, or machines or to fissionable materials, or any
type of malignancy caused thereby, or from poisoning by uranium or its
compounds, or from asbestosis, silicosis, or anthracosis, the right
to compensation and benefits shall be barred unless, within five years
after the commencement of disability or death, a notice claiming
compensation is filed with the division. (Emphasis added.)
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, an error, a
mistake, or a change in condition, except for those settlements entered
into pursuant to section
8-43-204 in which the claimant waived all right
to reopen an award; but a settlement may be reopened at any time on the
ground of fraud or mutual mistake of material fact. Upon a prima
facie showing that the claimant received overpayments, the award shall
be reopened solely as to overpayments and repayment shall be ordered. In
cases involving the circumstances described in section
8-42-113.5,
recovery of overpayments shall be ordered in accordance with said
section. If an award is reopened on grounds of an error, a mistake, or a
change in condition, compensation and medical benefits previously
ordered may be ended, diminished, maintained, or increased. No such
reopening shall affect the earlier award as to moneys already paid
except in cases of fraud or overpayment. Any order entered under this
subsection (1) shall be subject to review in the same manner as other
orders. (Emphasis added.)
C.R.S. 8-43-203(2). Notice concerning liability
- notice to claimant.
(c) No
penalty may be assessed under this subsection (2) for failure to timely
admit or deny liability if a request for such penalty is filed more than
seven years after the alleged violation.The division shall
retain original claim records filed with the division for at least seven
years after closure of the case. Seven years after a case is closed,
the records may only be used for reopening a settlement on the grounds
of fraud or mutual mistake of material fact. (Emphasis added.)
