Colo. Rev. Stat. » Title 8
Colorado Revised Statutes

Colo. Rev. Stat. § 8-1-102 (2024)

Industrial claim appeals office - creation - powers and duties

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) There is created in the office of the executive director of the department of labor and employment the industrial claim appeals office, which consists of five industrial claim appeals examiners who are appointed to serve on the industrial claim appeals panel by the executive director pursuant to section 13 of article XII of the state constitution and the laws and rules governing the state personnel system. The industrial claim appeals office is a type 2 entity, as defined in section 24- 1-105, and exercises its powers and performs its duties and functions under the office of the executive director of the department. Decisions and orders of the industrial claim appeals panel may be made by two appeals examiners. In the event of a disagreement between the two appeals examiners, a third appeals examiner shall review the case, and the decision and final order of the appeals panel shall reflect the collective decision of all three appeals examiners.

(2) The industrial claim appeals panel has the duty and the power to conduct administrative appellate review of any order entered pursuant to articles 43 and 74 of this title and to make a decision on said appeal.

Source: L. 15: p. 564, § 5. C.L. § 4329. CSA: C. 97, § 5. CRS 53: § 80-1-4. C.R.S. 1963: § 80-1-4. L. 69: p. 574, § 21. L. 83: (1) amended, p. 401, § 1, effective July 1. L. 84: (1) amended, p. 298, § 1, effective July 1. L. 86: Entire section R&RE, p. 463, § 3, effective July 1. L. 89: (1) amended, p. 371, § 1, effective July 1. L. 91: (2) amended, p. 1291, § 1, effective July 1. L. 92: (1) amended, p. 1811, § 1, effective March 19. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3382, § 83, effective August 10.

Cross references: (1) For the powers, duties, and functions of the industrial claim appeals office, see articles 43 and 74 of this title 8.

(2) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

8-1-103. Division of labor standards and statistics - director - employees - qualifications - compensation - expenses. (1) There is hereby created a division of labor standards and statistics in the department of labor and employment. Pursuant to section 13 of article XII of the state constitution, the executive director of the department of labor and employment shall appoint the director of the division, and the director shall appoint such deputies, experts, statisticians, accountants, inspectors, clerks, and other employees as are necessary to carry out the provisions of law and to perform the duties and exercise the powers conferred by law upon the division and the director. The director shall be the chief administrative officer of the division with such powers, duties, and functions as prescribed by law.

(2) All employees, except experts, shall have been for one year prior to such employment or appointment bona fide residents of this state and, while in the employ of the division, shall receive such compensation as is fixed by the state personnel system laws of this state, such compensation to be paid from funds appropriated for the use of the division. All expenses incurred by the division and its employees pursuant to the provisions of law shall be paid from funds appropriated for its use upon the approval of the director. The traveling expenses of the director or of any employee of the division incurred while on business of the division outside this state shall be paid in the manner prescribed in this subsection (2), but only when such expenses are authorized in advance.

(3) The director exercises the director's powers and performs the director's duties and functions as prescribed under this article 1, including rule-making, licensing, promulgation of rules, rates, and standards, and the rendering of findings, orders, and adjudications, under the direction and supervision of the executive director of the department of labor and employment. The director is a type 2 entity, as defined in section 24-1-105.

(4) The director shall contribute education and workforce data beginning in the 2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).

Source: L. 15: p. 566, § 6. L. 21: p. 830, § 3. C.L. § 4330. CSA: C. 97, § 6. CRS 53: § 80-1-5. C.R.S. 1963: § 80-1-5. L. 69: p. 574, § 22. L. 71: p. 106, § 18. L. 83: (3) added, p. 403, § 1, effective May 25. L. 2016: (1) amended, (HB 16-1323), ch. 131, p. 375, § 2, effective August 10. L. 2022: (3) amended, (SB 22-162), ch. 469, p. 3383, § 84, effective August 10. L. 2024: (2) amended, (HB 24-1467), ch. 430, p. 3015, § 4, effective June 5; (4) added, (HB 24- 1364), ch. 238, p. 1559, § 4, effective May 23.

Cross references: (1) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

(2) For the legislative declaration in HB 24-1467, see section 1 of chapter 430, Session Laws of Colorado 2024.

Notes of Decisions
Cited in 12 cases, 1986–2001 · leading case: O'Gorman v. Indus. Claim Appeals Off., 826 P.2d 390 (Colo. Ct. App. 1992).
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O'Gorman v. Indus. Claim Appeals Off., 826 P.2d 390 (Colo. Ct. App. 1992). · cites it 52× “See § 8-1-102, C.R.S. (1986 Repl.Vol. 3B). The statute was silent as to the number of members required to reach a decision in each case.”
O'Gorman v. Indus. Claim Appeals Off., 839 P.2d 1149 (Colo. 1992). · cites it 24× “[and be authorized to] conduct administrative appellate review of any order [of a hearing officer of the division of labor related to workers’ compensation and unemployment compensation benefit claims]_” § 8-1-102, 3B C.R.S. (1986). The statute was subsequently amended to allow…”
Federico v. Brannan Sand & Gravel Co., 788 P.2d 1268 (Colo. 1990). · cites it 6× “Sections 8-1-102, 8-74-104, 3B C.R.S. (1986).”
Pace Membership Warehouse v. Axelson, 938 P.2d 504 (Colo. 1997). · cites it 4× “See § 8-1-102(2), 3B C.R.S. (1996 Supp.). Here, as a result of her successful claim, Axelson was awarded an $8,109.”
Grover v. Indus. Com'n of Colorado, 759 P.2d 705 (Colo. 1988). · cites it 2× “3, § 8-1-102, 1986 Colo.Sess.Laws 463, 463-64.”
Clark v. Colorado State Univ., 762 P.2d 698 (Colo. Ct. App. 1988). · cites it 5× “Prior to the Panel’s creation in 1986, see § 8-1-102, C.R.S. (1986 Rep.Vol. 3B), the review of the hearing officer’s findings and conclusions in such cases was entrusted to the Industrial Commission.”
Colorado Dep't of Labor & Emp. v. Esser, 30 P.3d 189 (Colo. 2001). “1992); see also § 8-1-102, 3 C.R.S. (2000). . Rule 8 of the rules governing workers' compensation hearing procedure, 7 Colo.”
PDM Molding, Inc. v. Stanberg, 898 P.2d 542 (Colo. 1995). · cites it 2× “3, § 8-1-102, 1986 Colo.Sess. Laws 463, 463-64; Ch.”
Askew v. Indus. Claim Appeals Off., 927 P.2d 1333 (Colo. 1996). “219, §§ 8-1-102 to 8-47-109, at 1291-1336. However, we do not find those amendments to be dispositive or even relevant to our determination of apportionment pursuant to section 8-42-104(2).”
Mountain City Meat Co. v. Oqueda, 919 P.2d 246 (Colo. 1996). “" § 8-1-102(2), 3B C.R.S. (1986 & 1995 Supp.”
Inland/Riggle Oil Co. v. Painter, 925 P.2d 1083 (Colo. 1996). “§ 8-1-102, 3B C.R.S. (1996 Supp.). 2 . Although Mountain Mobile Mix was decided in the context of the issues concerning the responsibility only of parties to that litigation, its rationale is controlling here.”
Ferguson v. Rockwell Int'l Corp., 734 P.2d 131 (Colo. Ct. App. 1986). · cites it 3× “Section 8-1-102(2), C.R.S., provides that a majority of three commissioners shall constitute a quorum to transact business and exercise the Commission’s lawfully conferred power.”
Colo. Rev. Stat. § 8-1-102(1): 3 cases
O'Gorman v. Indus. Claim Appeals Off., 826 P.2d 390 (Colo. Ct. App. 1992). “See § 8-1-102, C.R.S. (1986 Repl.Vol. 3B). The statute was silent as to the number of members required to reach a decision in each case.”
O'Gorman v. Indus. Claim Appeals Off., 839 P.2d 1149 (Colo. 1992). “[and be authorized to] conduct administrative appellate review of any order [of a hearing officer of the division of labor related to workers’ compensation and unemployment compensation benefit claims]_” § 8-1-102, 3B C.R.S. (1986). The statute was subsequently amended to allow…”
Federico v. Brannan Sand & Gravel Co., 788 P.2d 1268 (Colo. 1990). “Sections 8-1-102, 8-74-104, 3B C.R.S. (1986).”
Colo. Rev. Stat. § 8-1-102(2): 5 cases
O'Gorman v. Indus. Claim Appeals Off., 826 P.2d 390 (Colo. Ct. App. 1992). “See § 8-1-102, C.R.S. (1986 Repl.Vol. 3B). The statute was silent as to the number of members required to reach a decision in each case.”
Pace Membership Warehouse v. Axelson, 938 P.2d 504 (Colo. 1997). “See § 8-1-102(2), 3B C.R.S. (1996 Supp.). Here, as a result of her successful claim, Axelson was awarded an $8,109.”
Clark v. Colorado State Univ., 762 P.2d 698 (Colo. Ct. App. 1988). “Prior to the Panel’s creation in 1986, see § 8-1-102, C.R.S. (1986 Rep.Vol. 3B), the review of the hearing officer’s findings and conclusions in such cases was entrusted to the Industrial Commission.”
Mountain City Meat Co. v. Oqueda, 919 P.2d 246 (Colo. 1996). “" § 8-1-102(2), 3B C.R.S. (1986 & 1995 Supp.”
Ferguson v. Rockwell Int'l Corp., 734 P.2d 131 (Colo. Ct. App. 1986). “Section 8-1-102(2), C.R.S., provides that a majority of three commissioners shall constitute a quorum to transact business and exercise the Commission’s lawfully conferred power.”
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