C.R.S. Section 8-43-207.5
Prehearing conferences

  • rules
  • definition

(1)

Notwithstanding any provision of articles 40 to 47 of this title 8 to the contrary, at any time prior to the formal adjudication on the record of any issue before the director or an administrative law judge in the office of administrative courts in the department of personnel, any party to a claim may request a prehearing conference before a prehearing administrative law judge in the division for the speedy resolution of or simplification of any issues and to determine the general readiness of remaining issues for formal adjudication on the record. The issues addressed in the prehearing conference may include any issues properly within the authority of a prehearing administrative law judge pursuant to subsection (2) of this section. The filing of an application for hearing with the office of administrative courts in the department of personnel is not a prerequisite to a request for a prehearing conference under this section. The director and the administrative law judges in the office of administrative courts in the department of personnel may also request a prehearing conference under this section.

(2)

Intentionally left blank —Ed.

(a)

“Prehearing administrative law judge” means a qualified person appointed by the director pursuant to section 8-47-101 to preside over prehearing conferences pursuant to this section, to approve settlements pursuant to section 8-43-204, to conduct settlement conferences pursuant to section 8-43-206, and to conduct arbitrations pursuant to section 8-43-206.5.

(b)

Prehearing administrative law judges have authority to approve any stipulations of the parties and issue interlocutory orders regarding procedural matters. Procedural matters include:

(I)

Issuing subpoenas for witnesses and documentary evidence that must be served in the same manner as subpoenas served in district court;

(II)

Resolving prehearing evidentiary disputes;

(III)

Determining if depositions must be taken;

(IV)

Ruling on the imposition of sanctions for discovery disputes provided in the Colorado rules of civil procedure, except rule 107;

(V)

Granting or denying requests for extensions of time for taking any action specified in this article 43;

(VI)

Resolving disputes regarding discovery, including permission to engage in discovery with a self-represented party;

(VII)

Appointing guardians ad litem and conservators, as appropriate, and assessing the reasonable fees and costs for any appointments from one or more of the parties;

(VIII)

Determining the ripeness of legal issues for formal adjudication;

(IX)

Determining the competency of any party to a claim to enter into settlement agreements; and

(X)

Resolving disputes regarding indigency, the content and format of medical records submitted to an independent medical examiner selected pursuant to section 8-42-107.2, including whether medical records are relevant or duplicative, and the allocation of the cost of the IME to the respective parties in excess of the base cost.

(3)

An order entered by a prehearing administrative law judge shall be an order of the director and binding on the parties. Such an order shall be interlocutory. Prehearing conferences need not be held on the record; however, any party to a claim may request in advance that a record be made of the prehearing conference, either taken verbatim by a court reporter provided and paid for by the requesting party or electronically recorded by the division.

(4)

The director shall adopt rules and regulations as may be necessary to implement the provisions of this section.

Source: Section 8-43-207.5 — Prehearing conferences - rules - definition, 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

§ 8-43-207.5’s source at colorado​.gov