May 24, 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.