March 21, 2019

Colorado Supreme Court: Mutual Mistake of Material Fact Allows Reopening Workers’ Compensation Claim After Settlement

The Colorado Supreme Court issued its opinion in England v. Amerigas Propane on Tuesday, May 30, 2017.

Workers’ Compensation—Mutual Mistake of Material Fact—Colorado Workers’ Compensation Act.

In this case, the supreme court considered whether a provision of the mandatory form settlement document promulgated by the Director of the Division of Workers’  Compensation waives an injured employee’s statutory right under C.R.S. § 8-43-204(1) to reopen a settlement based on a mutual mistake of material fact. The court concluded that it does not because provisions of the form document must yield to statutory rights. Accordingly, the court reversed the judgment of the court of appeals.

Summary provided courtesy of The Colorado Lawyer.

Workers’ Compensation – Notice of Rulemaking Hearing

The Division of Workers’ Compensation will hold a public hearing on Thursday, November 15, 2012, to discuss the proposed amendments to Rule 17 of the Workers’ Compensation Rules of Procedure regarding traumatic brain injuries.

The purpose of the proposed amendments is to revise and update procedures, recommendations, and implementations in the Medical Treatment Guidelines that address traumatic brain injuries; to update diagnosis, treatment, and testing criteria; to revise grammar and terminology; and to change exhibits in order to make them more consistent with other exhibits in the Medical Treatment Guidelines.

Any interested party is invited to appear at the hearing and testify or to submit written data, arguments or position papers to Paul Tauriello, Director of the Division of Workers’ Compensation. Written submissions should be submitted to the Director prior to the hearing on November 15, 2012.

Proposed rule revisions, the proposed statement of basis and purpose and a regulatory analysis are available here.