CO Code § 8-43-312 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 43 - Procedure|Part 3 - Review Procedures|§ 8-43-312. Court May Remand Case or Order Entry of Award

 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 shall demand. In no event shall such order for award be for a greater amount of compensation than allowed by articles 40 to 47 of this title, or in any manner conflict with the provisions thereof.   History. Source: L. 90: Entire article R&RE, p. 512, § 1, effective July 1.    Editor's note:   This section is similar to former § 8-53-124 as it existed prior to 1990.   ANNOTATION   Annotator's notes. (1) The following annotations include cases decided under former provisions similar to this section.   (2) Cases included in the annotations to this section which refer to the industrial commission were decided prior to the 1973 amendment which vested fact-finding powers in the director of the division of labor which were previously exercised by the industrial commission.   The power of the trial court to remand the cause to the industrial commission is limited by the statute. Bennett Props. Co. v. Indus. Comm'n, 165 Colo. 135 , 437 P.2d 548 (1968).   And court will not remand if evidence is uncontradicted. If the evidence is short and uncontradicted, the court, upon review, may treat the record itself as the findings of fact and may consider it accordingly. Bennett Props. Co. v. Indus. Comm'n, 165 Colo. 135 , 437 P.2d 548 (1968); Tillman v. Capitol Hill Transf. & Storage Co., 165 Colo. 514 , 440 P.2d 152 (1968).   For the commission does not have jurisdiction to change its previous findings of fact fully and finally made. The matter was not before it for further proceedings or additionally for different determination. The commission has limited power to alter, affirm, modify, amend, or rescind its finding only if there are issues not theretofore heard and considered by it, and then only after rehearing on those issues. Bennett Props. Co. v. Indus. Comm'n, 165 Colo. 135 , 437 P.2d 548 (1968).   Where the evidence would support either of contrary findings by the commission, the court may not set aside an award and remand it. Coors Porcelain Co. v. Grenfell, 109 Colo. 39 , 121 P.2d 669 (1942).   But court may remand for additional evidence. Where the court cannot decide a workmen's compensation case because of the lack of evidence, the commission could not properly have done so, and the entire case should be remanded for the taking of additional evidence. Home Ins. Co. v. Hepp, 91 Colo. 495 , 15 P.2d 1082 (1932).   And court may order commission to consider evidence he had rejected. Upon setting aside any order or award, the trial court may recommit the controversy and remand the record in the case to the commission for further hearing or proceedings, as the nature of the case shall demand. The trial court may order the commission to consider evidence which it had erroneously rejected or to allow time to secure further reports and enter a new order, assigning reasons for its decisions. Indus. Comm'n v. McKenna, 106 Colo. 323 , 104 P.2d 458 (1940); Warrenburg v. Cline, 108 Colo. 179 , 114 P.2d 302 (1941); Indus. Comm'n v. Fotis, 112 Colo. 423 , 149 P.2d 657 (1944); Serv. Supply Co. v. Vallejos, 169 Colo. 14 , 452 P.2d 387 (1969).   Furthermore, the court may remand for entry of proper award. The trial court, having found as a matter of law, that there was uncontroverted evidence showing exertion and that exertion, under the circumstances, was an adequate cause of heart dilation which produced death, it was proper for the court to order the commission to enter the proper award. Indus. Comm'n v. Wetz, 100 Colo. 161 , 66 P.2d 812 (1937).   Although evidence would support finding, if commission has not made finding, it will be given opportunity. The trial court's analysis of the medical evidence demonstrates that there is ample evidence here to support a finding of causation, if such a finding had been made. It does not appear that this evidence is so overwhelming as to justify a holding that causation was established as a matter of law. The commission, having made no finding as to causation, should be given the opportunity of making this determination of fact. Indus. Comm'n v. Riley, 165 Colo. 586 , 441 P.2d 3 (1968).   Since not supreme court's function to make findings of fact. Where the referee did not make the evidentiary findings necessary to support his ultimate findings, the court may remand since it is not the court's function to make findings of fact. Womack v. Indus. Comm'n, 168 Colo. 364 , 451 P.2d 761 (1969).   General recitation will not fulfill commission's duty to make findings of fact. A general recitation that the commission had rated partial permanent disability at 12% after giving “due consideration” to age, education, and experience will not fulfill the duty to make sufficiently detailed findings of fact to enable the courts to determine whether the award was supported by the facts. Steel Placers, Inc. v. Reese, 169 Colo. 360 , 455 P.2d 874 (1969).   Award by commission on remand is part of original court review. Where a compensation case is remanded by a trial court to the commission for further hearing, with a duty to hear the issues so presented and to return its new or reaffirmed award to the court, such award when final is but a part of the original court review, and such action is not subject to dismissal by the employer, the jurisdiction of the court being a continuing one for all matters relating to a claimant's injuries. Graden Coal Co. v. Ytuarralde, 137 Colo. 527 , 328 P.2d 105 (1958).   Applied in Casias v. Indus. Comm'n, 38 Colo. App. 261, 554 P.2d 1357 (1976).