(1)Hearings shall be held to determine any
controversy concerning any issue arising under articles 40 to 47 of this title. In
connection with hearings, the director and administrative law judges are
empowered to:
(a)In the name of the division, issue subpoenas for witnesses and
documentary evidence which shall be served in the same manner as subpoenas in
the district court;
(c)Make evidentiary rulings;
(d)Limit or exclude cumulative or repetitive proof or examination;
(e)Upon written motion and for good cause shown, permit parties to engage
in discovery; except that permission need not be sought if each party is represented
by an attorney. The director or administrative law judge may rule on discovery
matters and impose the sanctions provided in the
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(1) Hearings shall be held to determine any
controversy concerning any issue arising under articles 40 to 47 of this title. In
connection with hearings, the director and administrative law judges are
empowered to:
(a) In the name of the division, issue subpoenas for witnesses and
documentary evidence which shall be served in the same manner as subpoenas in
the district court;
(b) Administer oaths;
(c) Make evidentiary rulings;
(d) Limit or exclude cumulative or repetitive proof or examination;
(e) Upon written motion and for good cause shown, permit parties to engage
in discovery; except that permission need not be sought if each party is represented
by an attorney. The director or administrative law judge may rule on discovery
matters and impose the sanctions provided in the rules of civil procedure in the
district courts for willful failure to comply with permitted discovery.
(f) Upon written motion and for good cause shown, conduct prehearing
conferences for the settlement or simplification of issues;
(g) Dispose of procedural requests upon written motion or on written briefs
or oral arguments as determined appropriate;
(h) Control the course of the hearing and the conduct of persons in the
hearing room;
(i) Upon written motion and for good cause shown, grant reasonable
extensions of time for the taking of any action contained in this article;
(j) Upon good cause shown, adjourn any hearing to a later date for the taking
of additional evidence;
(k) Issue orders;
(l) Appoint guardians ad litem, as appropriate, in matters involving
dependents' claims, and assess the reasonable fees and costs, therefore, from one
or more of the parties;
(m) Determine the competency of witnesses who testify in a workers'
compensation hearing or proceeding and the competency of parties that have
entered into settlement agreements pursuant to section 8-43-204. Such
competency determinations shall only be for the purpose of the particular workers'
compensation proceeding.
(n) Dismiss all issues in the case except as to resolved issues and except as
to benefits already received, upon thirty days notice to all the parties, for failure to
prosecute the case unless good cause is shown why such issues should not be
dismissed. For purposes of this paragraph (n), it shall be deemed a failure to
prosecute if there has been no activity by the parties in the case for a period of at
least six months.
(o) Set aside all or any part of any fee for medical services rendered
pursuant to articles 40 to 47 of this title if an administrative law judge determines
after a hearing that, based upon a review of the medical necessity and
appropriateness of care provided pursuant to said articles, any such fee is
excessive or that the treatment rendered was not necessary or appropriate under
the circumstances. If all or part of any fee for medical services is set aside pursuant
to this paragraph (o), the provider of any such services shall not contract with, bill,
or charge the claimant for such fees and shall not attempt in any way to collect any
such charges from the claimant. No fee for medical services shall be set aside
pursuant to this paragraph (o) if the treatment was authorized in writing by the
insurer or employer.
(p) Impose the sanctions provided in the Colorado rules of civil procedure,
except for civil contempt pursuant to rule 107 thereof, for willful failure to comply
with any order of an administrative law judge issued pursuant to articles 40 to 47 of
this title;
(q) Require repayment of overpayments.
(2) Notwithstanding any other provision of this article 43, neither the director
nor an administrative law judge shall determine the issues of the compensability of
a claim or the liability of any party to a claim unless specific benefits or penalties
are awarded or denied contemporaneously with the determination.