|
Frequently Asked Questions About Workers' Compensation
Appeals
-
How long will the
appeal process take?
-
Will there be a hearing at the Industrial
Claim Appeals Office?
-
Do I need an attorney?
-
If I lose, can I appeal further?
-
How can I obtain copies of Industrial Claim
Appeals Panel decisions?
-
Where can I obtain copies of the
Workers' Compensation Act and Workers' Compensation Rules?
1. How long will the appeal process take?
After a petition to review has been filed, a
transcript of the hearing(s) will be prepared if a transcript has been requested
and paid for by the appealing party. Questions
regarding the time for preparing a transcript should be addressed to the
individual court reporter involved. Once the transcript is prepared (or if no transcript is
requested or paid for), a briefing schedule will be issued. The appealing party is given 20 days to file a brief in
support of the appeal. Once the
brief is filed (or the time for filing a brief has expired), the opposing party
has 20 days to file a response brief. The
20 days begin with the date on the certificate of mailing of the appealing party’s
brief. When the response
brief is filed, or the time for filing a response brief has expired, the
Administrative Law Judge (ALJ) has 30 days to issue a supplemental order.
If no supplemental order is issued within 30 days, the ALJ must transmit
the case file to the Industrial Claim Appeals Office for review. The
Industrial Claim Appeals Office must then complete the review and issue an order
within 60 days from the date the file is received.
Back to Top
2. Will there be a hearing at the
Industrial Claim Appeals Office?
There will not be a hearing at the Industrial
Claim Appeals Office. A panel of at least two appellate Administrative Law Judges
will review the case based on a review of the record made before the hearing ALJ, as well as the parties' written arguments. You may not
submit new evidence to the Panel. Any evidence that was not presented
at the hearing will not be considered by the Panel. After reviewing the case, the Panel
will issue a written decision.
Back to Top
3. Do I need an attorney?
There is no requirement that you
must be represented by an attorney.
Parties have the right to be represented by an attorney, but whether you obtain representation is up to you.
Back to Top
4. If I lose, can I appeal
further?
A party dissatisfied with the Final Order of the
Industrial Claim Appeals Panel may appeal to the Colorado Court of Appeals.
An appeal may also be filed to the Colorado Court of Appeals if the
Industrial Claim Appeals Panel fails to issue a decision within 60 days from the
date the file is received.
The Court has a
number of specific procedures you must follow if you wish to file an
appeal, and a specific form for appeals of workers' compensation cases. You
may access that form and the Court procedures online.
Colorado Court of Appeals Procedures and Forms
If you have
questions about how to file an appeal with the Court of Appeals, you
may contact the Court at (303) 837-3785. The
Court also has an online document available to assist you.
Colorado Court of Appeals
ICAO Appellate Checklist
(PDF) Back to Top
5. How can I obtain copies of
Industrial Claim Appeals Panel decisions?
Information contained in workers’ compensation files is generally
restricted. However, there are some
statutory exceptions, and the Director of the Division of Workers’
Compensation may authorize the release of information if there is no improper
purpose for the request. Currently,
the release of Industrial Claim Appeals Panel decisions is authorized to
litigants and practitioners for legal research purposes.
Workers' Compensation decisions are also available from two on-line subscription legal
research services,
LoisLaw and
WestLaw.
You may also obtain copies of Workers' Compensation
decisions directly from the Industrial Claim Appeals Office by calling (303)
318-8131. There is a charge of 20¢ per page. The Industrial Claim Appeals Office does not offer a search
service to locate decisions by subject matter or issue.
Therefore, you must identify the decision you are requesting.
Back to Top
6. Where can I obtain copies of the
Workers' Compensation Act and Workers' Compensation Rules?
Printed copies of the Workers' Compensation Act may be obtained from the Division of Workers' Compensation at:
Division of Workers' Compensation, 633 17th St., Denver, CO 80202-3660,
(303) 318-8700. There is a small charge.
The Workers' Compensation Act is also contained in Volume 3 of the Colorado
Revised Statutes, which is available in many public libraries throughout
Colorado, as well as the Colorado Supreme Court library. The Supreme Court library is located in the basement of the
Colorado State Judicial Building at 2 East 14th Avenue, on the southeast corner of Broadway and 14th
Avenue in Denver.
Printed copies of the Workers'
Compensation Rules may be purchased from: LexisNexis Matthew Bender
& Co., Inc., 1275 Broadway, Albany, NY 12204. You may also contact the
publisher by telephone at 1-800-223-1940, by fax at 1-800-544-6572, or by e-mail
at
customer.support@lexisnexis.com.
The workers' compensations statutes and rules are also
available online.
Workers' Compensation Act (Statutes)
(PDF)
Workers' Compensation Rules
Further information can be obtained by visiting the
website for the
Division of Workers' Compensation.
Back to Top
Back to Top |
ICAO
Home Page |
CDLE
Home Page
| 
