Appealing a Denied Workers' Comp Claim in Colorado

Disputed claims: a notice claiming compensation must be filed with the Division of Workers' Compensation within two years after the injury (three years with a reasonable excuse), and the director and administrative law judges hear disputes. A party dissatisfied with an order that decides compensability or denies a benefit must file a petition to review within 20 days after the date of the certificate of mailing of the order (with the Office of Administrative Courts in Denver for an ALJ order), or the order becomes final; the matter then goes to the Industrial Claim Appeals Office panel. A party dissatisfied with the panel's final order may bring an action in the Colorado Court of Appeals.

Disputes are heard by administrative law judges of the Office of Administrative Courts (or by the Division Director); mediation and settlement conferences are also available. A party dissatisfied with an order on compensability, benefits or penalties may file a petition to review within 20 days after the date of the certificate of mailing of the order; otherwise the order becomes final. Petitions on ALJ orders are filed at the Denver office of the Office of Administrative Courts.

The right to compensation is barred unless a written notice claiming compensation is filed with the Division within two years after the injury or death. The limit does not apply if compensation has already been paid, or if the Director finds within three years that there was a reasonable excuse for the delay and the employer was not harmed by it. Payment of medical bills alone does not count as compensation. Longer rules apply to certain occupational diseases (such as radiation exposure, asbestosis and silicosis).