2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 2 - SETTLEMENT AND HEARING PROCEDURES (§§ 8-43-201 — 8-43-220) › Section 8-43-207 - Hearings

(1)
Hearings shall be held to determine any controversy concerning any issue arising under articles
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of this title. In connection with hearings, the director and administrative law judges are empowered to:
(a)
In the name of the division, issue subpoenas for witnesses and documentary evidence which shall be served in the same manner as subpoenas in the district court;
(b)
Administer oaths;
(c)
Make evidentiary rulings;
(d)
Limit or exclude cumulative or repetitive proof or examination;
(e)
Upon written motion and for good cause shown, permit parties to engage in discovery; except that permission need not be sought if each party is represented by an attorney. The director or administrative law judge may rule on discovery matters and impose the sanctions provided in the rules of civil procedure in the district courts for willful failure to comply with permitted discovery.
(f)
Upon written motion and for good cause shown, conduct prehearing conferences for the settlement or simplification of issues;
(g)
Dispose of procedural requests upon written motion or on written briefs or oral arguments as determined appropriate;
(h)
Control the course of the hearing and the conduct of persons in the hearing room;
(i)
Upon written motion and for good cause shown, grant reasonable extensions of time for the taking of any action contained in this article;
(j)
Upon good cause shown, adjourn any hearing to a later date for the taking of additional evidence;
(k)
Issue orders;
(l)
Appoint guardians ad litem, as appropriate, in matters involving dependents' claims, and assess the reasonable fees and costs, therefore, from one or more of the parties;
(m)
Determine the competency of witnesses who testify in a workers' compensation hearing or proceeding and the competency of parties that have entered into settlement agreements pursuant to section
8-43-204
. Such competency determinations shall only be for the purpose of the particular workers' compensation proceeding.
(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.
(o)
Set aside all or any part of any fee for medical services rendered pursuant to articles
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of this title if an administrative law judge determines after a hearing that, based upon a review of the medical necessity and appropriateness of care provided pursuant to said articles, any such fee is excessive or that the treatment rendered was not necessary or appropriate under the circumstances. If all or part of any fee for medical services is set aside pursuant to this paragraph (o), the provider of any such services shall not contract with, bill, or charge the claimant for such fees and shall not attempt in any way to collect any such charges from the claimant. No fee for medical services shall be set aside pursuant to this paragraph (o) if the treatment was authorized in writing by the insurer or employer.
(p)
Impose the sanctions provided in the Colorado rules of civil procedure, except for civil contempt pursuant to rule 107 thereof, for willful failure to comply with any order of an administrative law judge issued pursuant to articles
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of this title;
(q)
Require repayment of overpayments.
(2)
Notwithstanding any other provision of this article 43, neither the director nor an administrative law judge shall determine the issues of the compensability of a claim or the liability of any party to a claim unless specific benefits or penalties are awarded or denied contemporaneously with the determination.
Amended by 2021 Ch. 384,§ 8, eff. 9/7/2021.
L. 90: Entire article R&RE, p. 504, § 1, effective July 1. L. 91: (1)(e) and(1)(n) amended and (1)(o) and (1)(p) added, p. 1317, § 27, effective July 1. L. 97: (1)(q) added, p. 114, § 4, effective July 1. L. 98: (1)(e) amended, p. 147, § 1, effective April 2. L. 2011: (1)(e) amended, (SB 11-199), ch. 759, p. 759, § 2, effective May 23.
(1) This section is similar to former § 8-53-103 as it existed prior to 1990.
(2) Section 13(2)(a) of chapter 384 (HB 21-1050), Session Laws of Colorado 2021, provides that the act changing this section applies to workers' compensation claims pending or filed on or after September 7, 2021.