C.R.S. 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.

Source: Section 8-43-201 — Disputes arising under "Workers’ Compensation Act of Colorado", https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑43‑101
Record of injuries - occupational disease - reported to division - rules - definition
8‑43‑102
Notice to employer of injury - notice to employees - failure to report
8‑43‑103
Notice of injury - time limit
8‑43‑104
Electronic filings - rules
8‑43‑201
Disputes arising under “Workers’ Compensation Act of Colorado”
8‑43‑202
Director may refer taking of evidence in cases to appropriate officials of other states
8‑43‑203
Notice concerning liability - notice to claimants - notice of rights and claims process - rules
8‑43‑204
Settlements - rules
8‑43‑205
Mediation
8‑43‑206
Settlement conference procedures
8‑43‑206.5
Right to binding arbitration for resolution of disputes under articles 40 to 47
8‑43‑207
Hearings
8‑43‑207.5
Prehearing conferences - rules - definition
8‑43‑208
Investigations
8‑43‑209
Time schedule for hearings - establishment
8‑43‑210
Evidence
8‑43‑211
Notice - request for hearing
8‑43‑212
Compulsion of testimony
8‑43‑213
Transcripts
8‑43‑214
Transcript certified - evidence
8‑43‑215
Orders
8‑43‑217
Claims management - legislative declaration
8‑43‑218
Authority of director
8‑43‑219
Not a limitation on rights or privileges
8‑43‑220
Injured worker exit survey
8‑43‑301
Petitions to review
8‑43‑302
Corrected orders
8‑43‑303
Reopening
8‑43‑304
Violations - penalty - offset for benefits obtained through fraud - rules
8‑43‑304.5
Penalties in rate-making
8‑43‑305
Each day separate offense
8‑43‑306
Collection of fines, penalties, and overpayments
8‑43‑307
Appeals to court of appeals
8‑43‑308
Causes for setting aside award
8‑43‑309
Actions in court tried within thirty days
8‑43‑310
Error disregarded unless prejudicial
8‑43‑311
Court record transmitted to industrial claim appeals office - when
8‑43‑312
Court may remand case or order entry of award
8‑43‑313
Summary review by supreme court
8‑43‑314
Fees - costs - duty of district attorneys and attorney general
8‑43‑315
Witnesses and testimony - mileage - fees - costs
8‑43‑316
Appearance by officer for closely held entity
8‑43‑317
Service of documents
8‑43‑318
Remand of case or order - time limit for further proceedings consistent with ruling on appeal
8‑43‑401
District attorney or attorney of division to act for director or office - penalties for failure of insurer to pay benefits
8‑43‑401.5
Financial incentives to deny or delay claim or medical care - prohibition - penalties
8‑43‑402
False statement - felony
8‑43‑403
Attorney fees
8‑43‑404
Examination - refusal - personal responsibility - physicians to testify and furnish results - injured worker right to select treating physicians - injured worker right to third-party communications - definitions - rules
8‑43‑405
Payment as discharge of liability - conflicting claims
8‑43‑406
Compensation in lump sum
8‑43‑407
Election to waive vocational rehabilitation benefits and become subject to permanent partial disability provisions
8‑43‑408
Default of employer - additional liability
8‑43‑409
Defaulting employers - penalties - enjoined from continuing business - fines - procedure - definition - repeal
8‑43‑410
Right to compensation operates as lien - interest on award
8‑43‑501
Utilization review process - legislative declaration - cash fund
8‑43‑502
Independent medical examinations
8‑43‑503
Utilization review of health-care providers
8‑43‑601
Short title
8‑43‑602
Legislative declaration
8‑43‑603
Definitions
8‑43‑604
Performance programs
8‑43‑605
Due process
8‑43‑606
Enforcement
8‑43‑607
Filing with director
Green check means up to date. Up to date

Current through Fall 2024

§ 8-43-201’s source at colorado​.gov