C.R.S. 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.

Source: Section 8-43-205 — Mediation, 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

§ 8-43-205’s source at colorado​.gov