reglab/statecodes huggingface dataset:
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-118 - Applicability of repeal of death benefits to nonresident dependents

The repeal of section
8-50-114
, as said section existed prior to July 1, 1983, shall not affect the payments of death benefits which are being paid before July 1, 1983.
L. 90: Entire article R&RE, p. 496, § 1, effective July 1.
This section is similar to former § 8-50-114.1 as it existed prior to 1990.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-119 - Partial dependents - compensation

Partial dependents shall be entitled to receive only that portion of the benefits provided for those wholly dependent which the average amount of the wages regularly contributed by the deceased to such partial dependents at and for a reasonable time immediately prior to the injury bore to the total income of the dependents during the same time. The director has power and discretion to determine the proper elements to be considered as income of said dependents in each particular case. Where there are persons both wholly dependent and partially dependent, only those wholly dependent shall be entitled to compensation.
L. 90: Entire article R&RE, p. 496, § 1, effective July 1.
This section is similar to former § 8-50-104 as it existed prior to 1990.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-120 - [Effective until 8/7/2024] Termination of right to benefits

Death benefits shall be paid to a dependent widow or widower for life or until remarriage, and, if there are no dependent children, as defined in section
8-41-501 (1)(b) and (1)(c)
, at the time of remarriage, a two-year lump-sum benefit without discount, less any lump sums previously paid, shall be paid to such widow or widower. Death benefits shall terminate upon the happening of any of the following contingencies and shall thereupon survive to the remaining dependents, if any: Upon the death of any dependent; when a child or brother or sister of the deceased reaches the age of eighteen years, except as otherwise provided in sections
8-41-501 (1)(b) and (1)(c)
and
8-41-502
; and upon the expiration of six years from the date of the death of the injured employee in the case of partial dependents.
L. 90: Entire article R&RE, p. 497, § 1, effective July 1. L. 91: Entire section amended, p. 1352, § 5, effective May 29.
This section is similar to former § 8-50-106 as it existed prior to 1990.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-121 - Director to determine and apportion benefits

Death benefits shall be paid to such one or more of the dependents of the decedent, for the benefit of all the dependents entitled to such compensation, as may be determined by the director, who may apportion the benefits among such dependents in such manner as the director may deem just and equitable. Payment to a dependent subsequent in right may be made, if the director deems it proper, which payment shall operate to discharge all other claims therefor. The dependents or persons to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support in compliance with the finding and direction of the director.
L. 90: Entire article R&RE, p. 497, § 1, effective July 1.
This section is similar to former § 8-50-115 as it existed prior to 1990.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-122 - Minor dependents - safeguarding payments

In all cases of death where the dependents are minor children, it shall be sufficient for the surviving spouse or a friend to make application and claim on behalf of the minor children. The director, for the purpose of protecting the rights and interests of any dependents whom the director deems incapable of fully protecting their own interests, may deposit the payments in any type of account in state or national banks insured by the federal deposit insurance corporation or its successor, savings and loan associations that are insured by the federal deposit insurance corporation or its successor, or credit unions that are insured by the national credit union share insurance fund and may otherwise provide for the manner and method of safeguarding the payments due such dependents in such manner as the director sees fit.
L. 90: Entire article R&RE, p. 497, § 1, effective July 1. L. 2004: Entire section amended, p. 148, § 50, effective July 1.
This section is similar to former § 8-50-116 as it existed prior to 1990.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-123 - Funeral and burial expenses

(1)
When, as a proximate result of an injury, death occurs to an injured employee, there shall be paid in one lump sum within thirty days after death a sum not to exceed twelve thousand five hundred dollars for funeral and burial expenses. Said sum may be paid to the person providing funeral or burial services or any other person who has paid the funeral and burial costs. If the employee leaves no dependents, compensation is limited to said sum and the compensation that may have accrued or been paid to the deceased employee during the deceased employee's lifetime for disability; the medical, surgical, and hospital expenses provided in articles
40
to
47
of this title 8; and any amount or payment due under section
8-46-101
. If the deceased employee leaves dependents, said sum shall be paid in addition to all other sums of compensation provided for in this article 42.
(2)
On July 1, 2023, and each July 1 thereafter, the director shall adjust the maximum amount payable for funeral and burial expenses provided in subsection (1) of this section by the percentage of the adjustment made by the director to the state average weekly wage pursuant to section
8-47-106
.
Amended by 2022 Ch. 477,§3, eff. 8/10/2022.
L. 90: Entire article R&RE, p. 497, § 1, effective July 1. L. 91: Entire section amended, p. 1313, § 20, effective July 1. L. 2000: Entire section amended, p. 431, § 1, effective April 17.
This section is similar to former § 8-50-107 as it existed prior to 1990.
2022 Ch. 477, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-125 - Data gathering on workers' compensation system

The governor and the leader of the opposing party in the house of representatives and the leader of the opposing party in the senate shall contract with a person or entity for obtaining information on the workers' compensation system. The person or entity gathering the information shall work solely at the unanimous direction of the governor and the opposition leadership. Issues or topics that will be subject to the information gathering process shall be determined by unanimous decision of the governor and the opposition leadership. The contractor for the gathering of the information shall have complete access to all records of and files in the division of workers' compensation and the office of administrative courts. Such contractor shall guarantee that any information gathered on any individual shall be kept confidential.
L. 94: Entire section added, p. 2003, § 6, effective July 1. L. 2005: Entire section amended, p. 853, § 9, effective June 1.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-126 - Monetary benefits and penalties - timely payment - determination of date deemed paid

For the purposes of articles
40
to
47
of this title 8, rules promulgated pursuant to articles
40
to
47
of this title 8, and any orders of the division and office of administrative courts in the department of personnel, monetary benefits or penalties required to be paid to an injured worker are deemed paid on the date the payment is received by or delivered to the intended payee; except that payment delivery attempted through the United States postal service is deemed paid three days after the date of the postmark if the payment is addressed to the payee's last-known address reported to the division and postmarked at least three business days before the date the payment is due.
Added by 2021 Ch. 384, § 6, eff. 9/7/2021.
Section 13(2)(a) of chapter 384 (HB 21-1050), Session Laws of Colorado 2021, provides that the act adding this section applies to workers' compensation claims pending or filed on or after September 7, 2021.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-127 - [Effective 8/7/2024] Direct deposit

If a claimant has voluntarily authorized direct deposit, the insurer or self-insured employer shall deposit all temporary disability benefits and permanent disability benefits due and payable to the claimant under this title 8 in an account designated by the claimant in any bank, savings and loan association, credit union, or other financial institution authorized by the United States or one of the several states to receive deposits in the United States. The claimant or the claimant's attorney can withdraw any direct deposit authorization at any time.
Added by 2024 Ch. 389,§ 4, eff. 8/7/2024.
2024 Ch. 389, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 1 - NOTICES AND REPORTS (§§ 8-43-101 — 8-43-104) › Section 8-43-104 - Electronic filings - rules

(1)
The rejection for technical errors by the division of any document, form, or notice that is filed electronically shall not affect the validity of the notice to the claimant or any other party.
(2)
The director may promulgate rules concerning electronic filing of documents, forms, or notices in accordance with article
4
of title
24
, C.R.S. Such rules shall be consistent with any policies, standards, and guidelines set forth by the office of information technology, created in section
24-37.5-103
, C.R.S.
L. 2003: Entire section added, p. 837, § 1, effective August 6. L. 2007: (2) amended, p. 910, § 1, effective May 17.
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 8-43-201 - Disputes arising under "Workers' Compensation Act of Colorado"

(1)
The director and administrative law judges employed by the office of administrative courts in the department of personnel shall have original jurisdiction to hear and decide all matters arising under articles
40
to
47
of this title; except that the following principles shall apply: A claimant in a workers' compensation claim shall have the burden of proving entitlement to benefits by a preponderance of the evidence; the facts in a workers' compensation case shall not be interpreted liberally in favor of either the rights of the injured worker or the rights of the employer; a workers' compensation case shall be decided on its merits; and a party seeking to modify an issue determined by a general or final admission, a summary order, or a full order shall bear the burden of proof for any such modification.
(2)
The amendments made to subsection (1) of this section by Senate Bill 09-168, enacted in 2009, are declared to be procedural and were intended to and shall apply to all workers' compensation claims, regardless of the date the claim was filed.
(3)
It is appropriate for the director or an administrative law judge to consider the medical treatment guidelines adopted under section
8-42-101(3)
in determining whether certain medical treatment is reasonable, necessary, and related to an industrial injury or occupational disease. The director or administrative law judge is not required to utilize the medical treatment guidelines as the sole basis for such determinations.
L. 90: Entire article R&RE, p. 501, § 1, effective July 1. L. 91: Entire section amended, p. 1315, § 22, effective July 1. L. 95: Entire section amended, p. 635, § 13, effective July 1. L. 2005: Entire section amended, p. 854, § 11, effective June 1. L. 2009: Entire section amended, (SB 09 -168), ch. 184, p. 807, § 3, effective August 5. L. 2010: Entire section amended, (SB 10 -163), ch. 66, p. 232, § 3, effective March 31. L. 2014: (3) added, (SB 14-191), ch. 316, p. 1371, § 1, effective July 1.
This section is similar to former § 8-53-101 as it existed prior to 1990.
For judicial review of findings by the director, see § 8-1-130 .
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 8-43-202 - Director may refer taking of evidence in cases to appropriate officials of other states

The director, after notice to the parties in interest, may refer the taking of any evidence to any commission, court, or board administering in another state the compensation laws thereof, and such commission, court, or board of such other state, after notifying the parties in interest of the time and place of holding such hearing, shall hold hearings and take such evidence in the same manner and by the officers as authorized by the laws of such state, and all such proceedings shall be certified and return thereof made as prescribed by the director.
L. 90: Entire article R&RE, p. 501, § 1, effective July 1. L. 91: Entire section amended, p. 1316, § 23, effective July 1. L. 94: Entire section amended, p. 1874, § 2, effective June 1.
This section is similar to former § 8-53-104 as it existed prior to 1990.
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 8-43-205 - Mediation

(1)
Any party involved in a claim arising under articles
40
to
47
of this title may request mediation services by filing a request for mediation services with the division. However, mediation shall be entirely voluntary and shall not be conducted without the consent of all parties to the claim. If a request for mediation services is made after an application for a hearing has been filed, the administrative law judge hearing the dispute shall approve, on motion of the parties, the submission of the dispute to mediation prior to hearing the matter. An application for mediation services shall be filed on a form prescribed by the director. Upon receiving the application for mediation services, the director shall cause a mediation conference to occur within thirty days thereafter. At a mediation conference, the claimant may be represented by the claimant, counsel, or any other agent of the claimant's choice. Mediators need not be attorneys.
(2)
Mediation proceedings conducted pursuant to this section shall be considered to be settlement negotiations and are confidential. No admission, representation, or statement made in the course of such mediation proceedings that is not otherwise subject to discovery or otherwise obtainable under the procedures established in articles
40
to
47
of this title shall be admissible as evidence or subject to discovery under said articles. No mediator who participates in mediation proceedings conducted pursuant to this section shall be compelled or permitted to testify about any matter discussed or revealed during such proceedings in any other proceeding under articles
40
to
47
of this title.
(3)
The division shall develop a program to implement the provisions of this section. Such program shall be a simple, nonadversarial method for the mediation of disputes arising under articles
40
to
47
of this title. Such program shall provide for the use of neutral mediators and the conduct of proceedings in an informal setting. The director shall adopt rules and regulations to implement such program.
L. 90: Entire article R&RE, p. 502, § 1, effective July 1. L. 91: (1) amended, p. 1316, § 25, effective July 1. L. 94: (1) amended, p. 1874, § 3, effective June 1.
This section is similar to former § 8-53-105.5 as it existed prior to 1990.
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 8-43-206.5 - Right to binding arbitration for resolution of disputes under articles 40 to 47

At any time prior to a hearing, the parties may agree to submit any dispute under articles
40
to
47
of this title to binding arbitration. Said arbitration shall be by an administrative law judge of the parties' choice or pursuant to arbitration procedures as provided by the Colorado rules of civil procedure. Any arbitration award pursuant to the provisions of this section shall be binding upon the parties, and no other procedure contained in this article shall be available to the parties for the further review of such award.
L. 91: Entire section added, p. 1317, § 26, effective July 1. L. 94: Entire section amended, p. 1875, § 5, effective June 1.
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 8-43-208 - Investigations

(1)
For the purpose of making any investigation with regard to any matter contemplated by the provisions of articles
40
to
47
of this title, the director shall have power to appoint, with the approval of the executive director by an order in writing, any competent person as an agent whose duties shall be prescribed in such order.
(2)
(Deleted by amendment, L. 94, p. 1876, § 7, effective June 1, 1994.)
(3)
The director may conduct any number of such investigations contemporaneously through different agents.
L. 90: Entire article R&RE, p. 505, § 1, effective July 1. L. 94: Entire section amended, p. 1876, § 7, effective June 1.
This section is similar to former § 8-46-107 as it existed prior to 1990.
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 8-43-209 - Time schedule for hearings - establishment

(1)
Hearings must commence within one hundred twenty days from the date of the notice of setting by the director pursuant to section
8-43-211(2)(a)
or of the date shown on the certificate of service accompanying the request, notice, or application by a party or the party's attorney pursuant to section
8-43-211(2)(b) or (2)(c)
. Upon agreement of the parties, an administrative law judge shall grant one extension of time, not exceeding sixty days, to commence the hearing.
(2)
One extension of time to commence the hearing of no more than sixty days may be granted by an administrative law judge upon written request by any party to the case and for good cause shown, in the following cases: When pulmonary lung disease, cancer, cardiovascular disease, or stroke is alleged as the cause of the disability; when the subsequent injury fund is a party; when permanent total disability is alleged; upon agreement of the parties; or when compensability of the injury is contested. In all other cases, extensions of time to commence the hearing of no more than twenty days may be granted by an administrative law judge upon written request by any party to the case and for good cause shown.
(3)
Once the hearing is commenced, the administrative law judge may, for good cause shown, continue the hearing to a date certain to take additional testimony, to file an additional medical report, to file the transcript of a deposition, or to file a position statement. Except upon the agreement of all parties or for good cause shown, a continuance to complete a hearing shall not exceed thirty calendar days.
L. 90: Entire article R&RE, p. 505, § 1, effective July 1. L. 91: Entire section amended, p. 1318, § 28, effective July 1. L. 94: Entire section amended, p. 1877, § 8, effective June 1. L. 2003: Entire section amended, p. 1957, § 2, effective May 22. L. 2005: (1) amended, p. 855, § 14, effective June 1. L. 2007: Entire section amended, p. 1473, § 4, effective May 30. L. 2014: (1) amended, (SB 14-191), ch. 316, p. 1372, § 3, effective July 1.
This section is similar to former § 8-53-130 as it existed prior to 1990.
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 8-43-210 - Evidence

Notwithstanding section
24-4-105
, C.R.S., the Colorado rules of evidence and requirements of proof for civil nonjury cases in the district courts shall apply in all hearings; except that medical and hospital records, physicians' reports, vocational reports, and records of the employer are admissible as evidence and can be filed in the record as evidence without formal identification if relevant to any issue in the case. Depositions may be substituted for testimony upon good cause shown. Convictions for alcohol-related offenses, pursuant to titles 18 and 42, C.R.S., the transcripts of proceedings leading to such convictions, and the court files relating to such convictions may be admissible in all hearings conducted under the "Workers' Compensation Act of Colorado", articles
40
to
47
of this title, where such conviction resulted from the same occurrence, accident, or injury occurring on the job that forms the basis for the workers' compensation claim. All relevant medical records, vocational reports, expert witness reports, and employer records shall be exchanged with all other parties at least twenty days prior to the hearing date.
L. 90: Entire article R&RE, p. 505, § 1, effective July 1; entire section amended, p. 578, § 2, effective July 1. L. 99: Entire section amended, p. 994, § 1, effective May 29. L. 2007: Entire section amended, p. 1473, § 5, effective May 30.
This section is similar to former § 8-53-115 as it existed prior to 1990.
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 8-43-212 - Compulsion of testimony

When any person upon whom a subpoena issued in the name of the division has been served fails or refuses to appear, the party who requested the subpoena may apply to the district court in the county in which the person served resides for an order compelling attendance before the division of the witness or the production of the documents subpoenaed. Violation of such an order shall be treated as contempt of the court issuing the order.
L. 90: Entire article R&RE, p. 506, § 1, effective July 1.
This section is similar to former § 8-53-108 as it existed prior to 1990.
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 8-43-213 - Transcripts

(1)
All testimony and argument of all hearings held pursuant to section
8-43-207
concerning any issue arising under articles
40
to
47
of this title shall either be taken verbatim by a hearing reporter or shall be electronically recorded by the division.
(2)
Any party in interest may order a transcript at any time from a hearing reporter, a court reporter provided by any party, or, if the hearing is recorded, from the division. For purposes of a petition to review, a transcript shall be all testimony taken that is relevant to the issue being appealed. In the preparation of transcripts, hearing reporters shall give preference to transcripts as part of the record in a petition to review; except that all transcripts shall be prepared and filed with the office of administrative courts within twenty-five working days after the date they were ordered. Hearing reporters shall be paid for transcripts and copies at the rate set by the supreme court for reporters in courts of record. If a court reporter is unable to meet the time limit specified in this section, any party, at its own expense, or the administrative law judge may contract with another court reporter to ensure the timely preparation of transcripts.
(3)
Upon a satisfactory showing to the director in writing that a party petitioning to review is indigent and unable to pay for the preparation of the transcript, the director may order a transcript to be prepared at the division's expense, and, if the transcript was prepared by a hearing reporter, the division shall pay the hearing reporter the fee therefor.
(4)
When a transcript is ordered as part of the record on a petition to review, the original of the transcript shall be filed with the division where it shall be available to all parties in interest.
L. 90: Entire article R&RE, p. 506, § 1, effective July 1. L. 91: (2) amended, p. 1320, § 30, effective July 1. L. 2005: (2) amended, p. 856, § 16, effective June 1.
This section is similar to former § 8-53-106 as it existed prior to 1990.
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 8-43-214 - 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.
L. 90: Entire article R&RE, p. 506, § 1, effective July 1.
This section is similar to former § 8-53-107 as it existed prior to 1990.
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 8-43-215 - Orders

(1)
No more than fifteen working days after the conclusion of a hearing, the administrative law judge or director shall issue a written order allowing or denying the claim. The written order must either be a summary order or a full order. A full order must contain specific findings of fact and conclusions of law. If compensation benefits are granted, the written order must specify the amounts thereof, the disability for which compensation benefits are granted, by whom and to whom such benefits are to be paid, and the method and time of the payments. A certificate of mailing and a copy of the written order shall be served by regular or electronic mail or by facsimile to each of the parties in interest or their representatives, the original of which is a part of the records in the case. If an administrative law judge has issued a summary order, a party dissatisfied with the order may make a written request for a full order within ten working days after the date of mailing of the summary order. The request is a prerequisite to review under section
8-43-301
. If a request for a full order is made, the administrative law judge has ten working days after receipt of the request to issue the order. A full order shall be entered as the final award of the administrative law judge or director subject to review as provided in this article.
(2)
Repealed.
L. 90: Entire article R&RE, p. 507, § 1, effective July 1. L. 91: Entire section amended, p. 1320, § 31, effective July 1. L. 92: Entire section amended, p. 1804, § 1, effective April 16. L. 94: Entire section amended, p. 1877, § 9, effective June 1. L. 2000: Entire section amended, p. 480, § 1, effective April 28. L. 2007: (1) amended, p. 1474, § 7, effective May 30. L. 2008: (1) amended, p. 1880, § 9, effective August 5. L. 2014: (1) amended, (SB 14-191), ch. 316, p. 1373, § 5, effective July 1.
(1) This section is similar to former § 8-53-110 as it existed prior to 1990.
(2) Subsection (2)(b) provided for the repeal of subsection (2), effective July 1, 2004. (See L. 2000, p. 480.)
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 8-43-216 - [Repealed]

L. 91: Entire section added, p. 1321, § 32, effective July 1.
Subsection (3) provided for the repeal of this section, effective March 1, 1996. (See L. 91, p. 1321.)
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 8-43-217 - 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.
L. 91: Entire section added, p. 1321, § 32, effective July 1.
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 8-43-218 - Authority of director

(1)
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.
(2)
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.
(3)
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.
(4)
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.
L. 91: Entire section added, p. 1321, § 32, effective July 1.
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 8-43-219 - 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.
L. 91: Entire section added, p. 1321, § 32, effective July 1.
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 8-43-220 - Injured worker exit survey

(1)
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.
(2)
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.
L. 2010: Entire section added, (SB 10-013), ch. 303, p. 1434, §1, effective July 1.
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 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-302 - Corrected orders

(1)
The director, an administrative law judge, or the panel may issue a corrected order:
(a)
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.
(b)
At any time within thirty days of the entry of an order, to correct any errors caused by mistake or inadvertence.
(2)
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.
L. 90: Entire article R&RE, p. 509, § 1, effective July 1.
This section is similar to former § 8-53-112 as it existed prior to 1990.
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 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 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
.
L. 91: Entire section added, p. 1324, § 36, effective July 1.
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 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 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.
L. 90: Entire article R&RE, p. 510, § 1, effective July 1. L. 94: Entire section amended, p. 1879, § 12, effective June 1.
This section is similar to former § 8-53-117 as it existed prior to 1990.
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 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-306 - Collection of fines, penalties, and overpayments

(1)
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.
(2)
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
.
Amended by 2017 Ch. 317,§ 5, eff. 7/1/2017.
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.
This section is similar to former § 8-53-118 as it existed prior to 1990.
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 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-307 - Appeals to court of appeals

(1)
The final order of the panel constitutes the final order of the division. If a person in interest, including Pinnacol Assurance, is dissatisfied with any final order of the division that determines compensability of a claim or liability of any party, that requires any party to pay a penalty or benefits, or that denies a claimant any benefit or penalty, the person may commence an action in the court of appeals against the industrial claim appeals office as defendant to modify or vacate the order on the grounds set forth in section
8-43-308
.
(2)
All such actions shall have precedence over any civil cause of a different nature pending in such court, and the court of appeals shall always be deemed open for the trial thereof, and such actions shall be tried and determined by the court of appeals in the manner provided for other civil actions.
(3)
(Deleted by amendment, L. 95, p. 235, § 3, effective April 17, 1995.)
(4)
In any case before the court of appeals pursuant to this section, the court may apply the sanctions of rule 38 of the Colorado appellate rules if the court finds such application to be appropriate.
Amended by 2021 Ch. 384, § 12, eff. 9/7/2021.
L. 90: Entire article R&RE, p. 511, § 1, effective July 1. L. 91: (1) and (3) amended and (4) added, p. 1324, § 37, effective July 1. L. 95: (1) and (3) amended, p. 235, § 3, effective April 17. L. 2002: (1) amended, p. 1883, § 31, effective July 1.
(1) This section is similar to former § 8-53-119 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.
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 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-308 - Causes for setting aside award

Upon hearing the action, the court of appeals may affirm or set aside such order, but only upon the following grounds: That the findings of fact are not sufficient to permit appellate review; that conflicts in the evidence are not resolved in the record; that the findings of fact are not supported by the evidence; that the findings of fact do not support the order; or that the award or denial of benefits is not supported by applicable law. If the findings of fact entered by the director or administrative law judge are supported by substantial evidence, they shall not be altered by the court of appeals.
L. 90: Entire article R&RE, p. 511, § 1, effective July 1.
This section is similar to former § 8-53-120 as it existed prior to 1990.
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 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 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.
L. 90: Entire article R&RE, p. 511, § 1, effective July 1.
This section is similar to former § 8-53-121 as it existed prior to 1990.
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 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-310 - Error disregarded unless prejudicial

The appeal shall be upon the record returned to the court by the industrial claim appeals office. Upon the hearing of any such action, the court shall disregard any irregularity or error of the director or the panel unless it affirmatively appears that the party complaining was damaged thereby.
L. 90: Entire article R&RE, p. 511, § 1, effective July 1.
This section is similar to former § 8-53-122 as it existed prior to 1990.
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 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 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.
L. 90: Entire article R&RE, p. 511, § 1, effective July 1.
This section is similar to former § 8-53-123 as it existed prior to 1990.