§ 8-74-107 — Court review

Colorado § 8-74-107

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Claims for Benefits

Text

(1) No action, proceeding, or suit to set aside an
industrial claim appeals panel's decision or to enjoin the enforcement thereof shall
be brought unless the petitioning party has first complied with the review
provisions of sections 8-74-104 and 8-74-106.

(2) Actions, proceedings, or suits to set aside, vacate, or amend any final
decision of the industrial claim appeals panel or to enjoin the enforcement thereof
may be commenced in the court of appeals by any interested party, including the
division. Such actions, proceedings, or suits shall be commenced by filing a notice
of appeal in the court of appeals within twenty-one days of the mailing of the
industrial claim appeals panel's decision, together with a certificate of service
showing service of a copy of said notice of appeal on the division, the industrial
claim appeals office, and all other parties who appeared in the administrative
proceedings. The industrial claim appeals office, within twenty-one days after the
service of the notice, shall make return to said court of all documents and papers
on file in the matter, of all testimony taken therein, and of certified copies of all
findings, orders, and awards, which return shall be deemed its answer to said
petition. Such return of the industrial claim appeals office shall constitute the
judgment roll in any such action, proceeding, or suit, and it shall not be necessary to
settle a bill of exceptions in order to make such return part of the record of such
court in such action, proceeding, or suit.

(3) The industrial claim appeals panel may certify to the court of appeals
questions of law involved in any of its decisions.

(4) In judicial proceedings under this article, administrative findings as to the
facts, if supported by substantial evidence and in the absence of fraud, shall be
conclusive.

(5) Actions, proceedings, and suits to review any final decision of the
industrial claim appeals panel or questions certified to the court of appeals by such
panel shall be heard in an expedited manner and shall be given precedence over all
other civil cases, except cases arising under the Workers' Compensation Act of
Colorado, articles 40 to 47 of this title.

(6) The industrial claim appeals panel's decision may be set aside only upon
the following grounds:

(a) That the industrial claim appeals panel acted without or in excess of its
powers;

(b) That the decision was procured by fraud;

(c) That the findings of fact do not support the decision;

(d) That the decision is erroneous as a matter of law.

Legislative History

Source: L. 76: Entire article R&RE, p. 357, � 1, effective October 1. L. 84: (2) amended, p. 318, � 8, effective July 1. L. 86: (1) to (5), IP(6), and (6)(a) amended, p. 492, � 96, effective July 1. L. 90: (5) amended, p. 557, � 11, effective July 1. L. 92: (2) amended, p. 1812, � 3, effective March 19. L. 2013: (2) amended, (HB 13-1126), ch. 58, p. 191, � 1, effective July 1.