reglab/housing_qa huggingface dataset:
CO Code § 8-43-214 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 2 - Settlement and Hearing Procedures|§ 8-43-214. Transcript Certified - Evidence

 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 transcript of the testimony on the investigation or hearing of a particular witness, or a specific part thereof, carefully compared to original notes or to the original recording, and to be a correct statement of the evidence and proceedings had on such investigation or hearing. A transcribed copy which is so certified may be received as evidence by the director, the panel, and any court with the same effect as if the person who prepared the transcript were present and testified to the facts so certified.   History. Source: L. 90: Entire article R&RE, p. 506, § 1, effective July 1.    Editor's note:   This section is similar to former § 8-53-107 as it existed prior to 1990.
CO Code § 8-43-217 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 2 - Settlement and Hearing Procedures|§ 8-43-217. Claims Management - Legislative Declaration

 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.   History. Source: L. 91: Entire section added, p. 1321, § 32, effective July 1.
CO Code § 8-43-218 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 2 - Settlement and Hearing Procedures|§ 8-43-218. Authority of Director

  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 otherwise manage claims.    The director may require any party to a workers' compensation claim to attend, cooperate, and comply with the efforts of claims managers in managing claims or complaints received by the division.    Any party willfully refusing to cooperate or comply with claims management efforts of the division shall be subject to the penalty provisions set forth in section 8-43-304 and to the denial or vacation of a hearing date.    Any violation of any provision of this section shall be cause for the rejection of an application for hearing or a response thereto until such time as the violation is cured.     History. Source: L. 91: Entire section added, p. 1321, § 32, effective July 1.
CO Code § 8-43-219 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 2 - Settlement and Hearing Procedures|§ 8-43-219. Not a Limitation on Rights or Privileges

 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.   History. Source: L. 91: Entire section added, p. 1321, § 32, effective July 1.
CO Code § 8-43-220 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 2 - Settlement and Hearing Procedures|§ 8-43-220. Injured Worker Exit Survey

  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 and manner as prescribed by the director. The director shall develop the form and manner of the survey with input from insurers that provide workers' compensation policies pursuant to articles 40 to 55 of this title, and with the least administrative burden as possible. The survey shall include questions regarding courtesy, promptness of medical care, promptness of handling the claim, promptness of resolving the claim, and overall satisfaction with the experience with the insurer. An employer or an insurer shall not take disciplinary action or otherwise retaliate against a claimant or his or her dependents for completing the survey.    The insurer shall report the survey results annually to the division. The director shall post the results of the surveys on the division's website.     History. Source: L. 2010: Entire section added, (SB 10-013), ch. 303, p. 1434, § 1, effective July 1.
CO Code § 8-43-302 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-302. Corrected Orders

  The director, an administrative law judge, or the panel may issue a corrected order:   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.    At any time within thirty days of the entry of an order, to correct any errors caused by mistake or inadvertence.       Any order corrected for clerical error, mistake, or inadvertence shall be labeled “corrected order” and mailed by the division. Any corrected order may be appealed in the manner provided in this article for any other order.     History. Source: L. 90: Entire article R&RE, p. 509, § 1, effective July 1.    Editor's note:   This section is similar to former § 8-53-112 as it existed prior to 1990.
CO Code § 8-43-304.5 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-304.5. Penalties in Rate-Making

 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 claim for compensation under section 8-41-102 .   History. Source: L. 91: Entire section added, p. 1324, § 36, effective July 1.
CO Code § 8-43-305 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-305. Each Day Separate Offense

 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 title shall constitute a separate and distinct violation thereof. In any action brought to enforce the same or to enforce any penalty provided for in said articles, such violation shall be considered cumulative and may be joined in such action.   History. Source: L. 90: Entire article R&RE, p. 510, § 1, effective July 1. L. 94: Entire section amended, p. 1879, § 12, effective June 1.    Editor's note:   This section is similar to former § 8-53-117 as it existed prior to 1990.   ANNOTATION   The purpose of this section is to address ongoing conduct. Crowell v. Indus. Claim Appeals Office, 2012 COA 30 , 298 P.3d 1014.   The difference between a one-time violation and a continuing violation hinges on whether the violation is subject to being cured by subsequent action. Crowell v. Indus. Claim Appeals Office, 2012 COA 30 , 298 P.3d 1014.   Where there is ongoing conduct, the continuation of the penalty is mandatory, as indicated by use of the word “shall” in the statute. Crowell v. Indus. Claim Appeals Office, 2012 COA 30 , 298 P.3d 1014.   Employer's failure to obtain medical review, as required by the applicable procedural rules, was a continuing violation under this section. Crowell v. Indus. Claim Appeals Office, 2012 COA 30 , 298 P.3d 1014.
CO Code § 8-43-306 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-306. Collection of Fines, Penalties, and Overpayments

  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 time after the period of time provided by articles 40 to 47 of this title for appeal or seeking review of the order has passed without appeal or review being sought or, if appeal or review is sought, after the order has been finally affirmed and all appellate remedies and all opportunities for review have been exhausted. The party filing the order shall at the same time file a certificate to the effect that the time for appeal or review has passed without appeal or review being undertaken or that the order has been finally affirmed with all appellate remedies and all opportunities for review having been exhausted. The clerk of the district court shall record the order and the filing party's certificate in the judgment book of said court and entry thereof made in the judgment docket, and it shall thenceforth have all the effect of a judgment of the district court, and execution may issue thereon out of said court as in other cases. Any such order may be filed by and in the name of the director or by and in the name of the party in the worker's compensation action who was injured by the violation of any provision of articles 40 to 47 of this title or who was found to be entitled to repayment of overpayments under said articles.    All penalties, when collected, are payable to the division and transmitted through the state treasurer for credit to the Colorado uninsured employer fund created in section 8-67-105.     History. Source: L. 90: Entire article R&RE, p. 510, § 1, effective July 1. L. 97: (1) amended, p. 115, § 6, effective July 1. L. 2017: (2) amended,(HB 17-1119), ch. 317, p. 1706, § 5, effective July 1.    Editor's note:   This section is similar to former § 8-53-118 as it existed prior to 1990.
CO Code § 8-43-309 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-309. Actions in Court Tried Within Thirty Days

 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.   History. Source: L. 90: Entire article R&RE, p. 511, § 1, effective July 1.    Editor's note:   This section is similar to former § 8-53-121 as it existed prior to 1990.   ANNOTATION   It is the general assembly's intent that this section be directory and not mandatory or jurisdictional. Aviado v. Indus. Claim Appeals Office, 228 P.3d 177 (Colo. App. 2009).
CO Code § 8-43-311 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-311. Court Record Transmitted to Industrial Claim Appeals Office - When

 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 appellate review is granted by the supreme court. If the supreme court grants further appellate review, the clerk shall return the record immediately upon receipt of remittitur from the supreme court, unless the order of the supreme court requires further action by the court of appeals, and then within twenty-five days after such further action.   History. Source: L. 90: Entire article R&RE, p. 511, § 1, effective July 1.    Editor's note:   This section is similar to former § 8-53-123 as it existed prior to 1990.   ANNOTATION   Annotator's note. The following annotations include cases decided under former provisions similar to this section.   This section operates as a short statute of limitations. Kosmos v. Indus. Comm'n, 96 Colo. 90 , 39 P.2d 780 (1934).   It is an express mandate in form, its purpose is to secure speedy compensation for those in need, and to relieve from the law's delay those unable to bear it. General Chem. Co. v. Thomas, 71 Colo. 28 , 203 P. 660 (1922).   And appellate review which is not granted within the time provided will be denied on motion. General Chem. Co. v. Thomas, 71 Colo. 28 , 203 P. 660 (1922); Kosmos v. Indus. Comm'n, 96 Colo. 90 , 39 P.2d 780 (1934).   Under this section an aggrieved party has only 25 days within which to obtain a grant of appellate review. Hull v. Denver Tramway Corp., 97 Colo. 523 , 50 P.2d 791 (1935).   Even where the grant of appellate review is actually issued before the record is transmitted to the commission (now the industrial claim appeals office), the grant of appellate review will be denied for the words “in the meantime” mean within the 25 days, not before the issue of the grant of appellate review, and the delay of the clerk in transmitting the record, being a disobedience of the law, cannot avail. General Chem. Co. v. Thomas, 71 Colo. 28 , 203 P. 660 (1922).   And inability to secure judge's signature to bill of exceptions is no excuse. The fact that the applicant was unable to secure the signature of the trial judge to the bill of exceptions afforded no legal excuse for delaying the application for the grant of appellate review until after the expiration of the prescribed period. Hull v. Denver Tramway Corp., 97 Colo. 523 , 50 P.2d 791 (1935).
CO Code § 8-43-314 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-314. Fees - Costs - Duty of District Attorneys and Attorney General

 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 be taxed against said director or industrial claim appeals office. In any action for the review of any order or award and upon any review thereof by the supreme court, it is the duty of the district attorney in the county wherein said action is pending, or of the attorney general if requested by the director or industrial claim appeals office, to appear on behalf of either or both, whether any other party defendant should have appeared or been represented in the action.   History. Source: L. 90: Entire article R&RE, p. 512, § 1, effective July 1.    Editor's note:   This section is similar to former § 8-53-126 as it existed prior to 1990.   ANNOTATION   Annotator's note. The following annotations include a case decided under a former provision similar to this section.   Court of appeals has discretion to award cost. Since the appellate courts are the only state courts which have jurisdiction over industrial commission matters, the court of appeals has the discretion to award costs between parties. Bourn v. T & T Loveland Chinchilla Ranch, Inc., 32 Colo. App. 315, 514 P.2d 787 (1973).
CO Code § 8-43-316 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-316. Appearance by Officer for Closely Held Entity

 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”, articles 40 to 47 of this title 8, where the amount at issue does not exceed ten thousand dollars, except in proceedings before the industrial claim appeals office under this part 3, appeals to the court of appeals under section 8-43-307 , and summary reviews by the supreme court under section 8-43-313 .   History. Source: L. 91: Entire section added, p. 1285, § 2, effective April 14. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1384, § 6, effective May 25.
CO Code § 8-43-317 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-317. Service of Documents

 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.   History. Source: L. 2010: Entire section added, (SB 10-163), ch. 66, p. 233, § 6, effective March 31.
CO Code § 8-43-318 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-318. Remand of Case or Order - Time Limit for Further Proceedings Consistent With Ruling on Appeal

 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 days from receipt of the remand. The remanding tribunal has continuing jurisdiction to enforce the remand order.   History. Source: L. 2014: Entire section added, (SB 14-191), ch. 316, p. 1374, § 7, effective July 1.
CO Code § 8-43-401.5 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 4 - Enforcement and Penalties|§ 8-43-401.5. Financial Incentives to Deny or Delay Claim or Medical Care - Prohibition - Penalties

  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 title shall pay or receive any form of financial remuneration that is based on any of the following:   The number of days to maximum medical improvement;    The rate of claims approval or denial;    The number of medical procedures, diagnostic procedures, or treatment appointments approved; or    Any other criteria designed or intended to encourage a violation of any provision of articles 40 to 47 of this title.         Payment of remuneration in violation of this section constitutes an unfair act or practice in the business of insurance, and the insurer or self-insured employer who pays or directs the payment of the remuneration shall be subject to penalties in accordance with part 11 of article 3 of title 10, C.R.S.    In addition to, or as an alternative to, any penalties imposed pursuant to paragraph (a) of this subsection (2), an insurer or self-insured employer who is found to have violated subsection (1) of this section may be subject to fines as determined by the director pursuant to section 8-43-304 (1.5).       Nothing in this section:   Restricts or limits the ability of a claims adjuster or employee or contracted claims personnel to investigate, detect, or prevent fraud; or    Limits the payment or receipt of financial incentives for any other lawful purpose.         History. Source: L. 2010: Entire section added, (SB 10-011), ch. 302, p. 1432, § 2, effective May 27.
CO Code § 8-43-402 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 4 - Enforcement and Penalties|§ 8-43-402. False Statement - Felony

 If, for the purpose of obtaining any order, benefit, award, compensation, or payment under the provisions of articles 40 to 47 of this title, either for self-gain or for the benefit of any other person, anyone willfully makes a false statement or representation material to the claim, such person commits a class 5 felony and shall be punished as provided in section 18-1.3-401 , C.R.S., and shall forfeit all right to compensation under said articles upon conviction of such offense.   History. Source: L. 90: Entire article R&RE, p. 513, § 1, effective July 1. L. 2002: Entire section amended, p. 1467, § 20, effective October 1.    Editor's note:   This section is similar to former § 8-53-129 as it existed prior to 1990.   Cross references:   For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.   ANNOTATION   Law reviews. For article, “Update on Colorado Appellate Decisions in Workers' Compensation Law”, see 32 Colo. Law. 113 (Oct. 2003). For article, “Update on Colorado Appellate Decisions in Workers' Compensation Law”, see 33 Colo. Law. 117 (Nov. 2004).   Term “compensation” does not include medical benefits. Accordingly, claimant who was convicted of a felony for making a false statement or representation material to a claim for recovery did not forfeit her right to ongoing medical benefits. Support, Inc. v. Indus. Claim Appeals Office, 968 P.2d 174 (Colo. App. 1998).   Benefits unrelated to false statements are not forfeited. A conviction under this section requires forfeiture of only the compensation that was obtained as a result of false statements. Wolford v. Pinnacol Assurance, 107 P.3d 947 (Colo. 2005).   There must be a nexus between the false statements and the compensation forfeited. Wolford v. Pinnacol Assurance, 107 P.3d 947 (Colo. 2005).   Statutory limitation period does not apply because forfeiture under this section is a criminal sanction, automatic upon conviction. Wolford v. Pinnacol Assurance, 81 P.3d 1079 (Colo. App. 2003), rev'd on other grounds, 107 P.3d 947 (Colo. 2005).   This section does not violate double jeopardy prohibitions. Wolford v. Pinnacol Assurance, 81 P.3d 1079 (Colo. App. 2003), rev'd on other grounds, 107 P.3d 947 (Colo. 2005).   Forfeiture under this section does not constitute an excessive fine. Wolford v. Pinnacol Assurance, 81 P.3d 1079 (Colo. App. 2003), rev'd on other grounds, 107 P.3d 947 (Colo. 2005).   This section does not require the person accused of false statements or representations to file or cause to be filed a claim. The statute applies to “anyone [who] willfully makes a false statement or representation material to the claim”. In using this language, the general assembly chose not to limit the statute to the filing of a claim or to false statements or representations made on a particular claim form. People v. Witek, 97 P.3d 240 (Colo. App. 2004).
CO Code § 8-43-405 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 4 - Enforcement and Penalties|§ 8-43-405. Payment as Discharge of Liability - Conflicting Claims

 Payment of death benefits to one or more dependents shall protect and discharge to that extent all compensation under articles 40 to 47 of this title unless and until any other person claiming to be a dependent has given the division notice of said person's claim and until the division has notified the employer or the employer's insurance carrier of such claim. In such case, the director or an administrative law judge shall determine the respective rights of said rival claimants, and thereafter such death benefits shall be paid to such dependents as the director or the administrative law judge may find so entitled under the provisions of said articles.   History. Source: L. 90: Entire article R&RE, p. 515, § 1, effective July 1. L. 94: Entire section amended, p. 1880, § 15, effective June 1.    Editor's note:   This section is similar to former § 8-50-117 as it existed prior to 1990.   ANNOTATION   Annotator's note. Since § 8-43-405 is similar to § 8-50-117 as it existed prior to the 1990 repeal and reenactment of the “Workers' Compensation Act of Colorado”, articles 40 to 47 of this title, a relevant case construing that provision has been included in the annotations to this section.   The purpose of this section is, of course, to enable the employer, when an award has been made, to rest upon it and make his payments in safety, secure that other dependents could not appear and say he had paid the wrong person. Colo. Fuel & Iron Co. v. Indus. Comm'n, 74 Colo. 228 , 220 P. 498 (1923).   And the employer is not bound to search out the dependents. The dependents must appear and make their rights known. Colo. Fuel & Iron Co. v. Indus. Comm'n, 74 Colo. 228 , 220 P. 498 (1923).