How Do I File an Appeal for My Colorado Workers’ Comp Claim?

The Colorado Workers’ Comp Appeal Process

The workers’ compensation appeal process involves several steps. Bachus & Schanker is here to help you every step of the way. We offer a free consultation to discuss your case and provide legal advice. Plus, we are experienced in workers’ comp appeal cases and understand the complexities of Colorado labor laws.

Step 1: Petition for Review

The first step is filing the Petition for Review. You must complete this within 20 days from the date when the initial decision and order to deny your claim were mailed to you. The denial letter you receive is required to also provide instructions on how to appeal your claim. If you fail to follow the instructions or do not file within 20 days, you can lose your right to any review.

You must also complete the petition and mail one copy to the location indicated in the denial letter. You must also mail a second copy to the insurance company. Additionally, it is required to include a copy of the transcript from your initial workers’ compensation hearing.

Step 2: Brief

After you submit your Petition for Review, your next step is to prepare your brief. The brief is a written legal argument that you will need to use to argue the reason your claim was denied. The court will notify you of the deadline to file your brief. Once you receive the notification, you have only 20 days to submit it to the court.

Filing a brief is not easy to do on your own. They must clearly outline why your claim should not have been denied. You must also include valid legal arguments and supporting documentation to support your position. Working with one of our Colorado workers’ comp attorneys is highly recommended to avoid making errors or jeopardizing your appeal. Once your employer’s insurance company receives the brief, they have 20 days to file a formal answer.

Step 3: Judge

Once you and the insurance company have filed your briefs, an administrative law judge will review them and any arguments presented. The judge has up to 30 days to make a ruling. If the judge assigned to your appeal does not make a ruling within 30 days, the case proceeds to the Industrial Claim Appeals Office (ICAO).

Step 4: Panel

The ICAO assigns your appeal to a panel of five administrative law judges. The judges will review the briefs from both parties to make their determination. They will not hold a hearing, as an administrative judge can do.

Rather, they review what is presented, and each judge votes whether to rule in your favor or side with the insurance company. The panel has up to 60 days to make its decision after receiving your case.

Step 5: Court

If the initial administrative judge or the panel denies your appeal, all is not lost. You can still file a petition with the Court of Appeals. The Colorado Court of Appeals will only consider any documentation and evidence initially submitted to the administrative judge and panel. They will not consider any documents, evidence, or information left out of the brief.

If the Court of Appeals denies your appeal, you have one last option. You can have your workers’ compensation lawyer appeal the case to the Colorado Supreme Court.

However, the state’s Supreme Court decides which cases it will hear and may not choose yours.

Get Help Filing Your Colorado Workers’ Compensation Appeal Today

You do not have to waste time searching “how do I appeal a workers’ comp denial?” and try to figure out each step on your own. The workers’ compensation attorneys at Bachus & Schanker will take care of each step to ensure your appeal is filed on time.

We also gather all necessary evidence and documentation to support your case. If you received notice that your workers’ comp claim has been denied, schedule your free case evaluation and consultation now at one of our Colorado offices.

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