(1) Any interested party who is dissatisfied by a hearing officer's decision may appeal that decision and obtain administrative review by the industrial claim appeals office. Any such appeal must be received by the industrial claim appeals office within twenty calendar days after the date of notification of the decision of the hearing officer. The director of the division may prescribe rules for the conduct of such appeals, including apportionment of transcript costs (not to exceed the actual costs of such materials), filing methods, briefing schedules, and similar matters.
(2) Upon petition to review by an interested party, the industrial claim appeals panel may affirm, modify, reverse, or set aside any decision of a hearing officer on the basis of the evidence in the record previously submitted in the case.
(3) The industrial claim appeals office shall promptly provide all interested parties with copies of the industrial claim appeals panel's written decision and order in each case.
(4) The panel shall have the power to issue such procedural orders as may be necessary to carry out its appellate review under subsection (2) of this section, including, but not limited to, orders concerning the acceptance of appeals before the panel and orders granting or denying requests for extension of time.
Source: L. 76: Entire article R&RE, p. 355, § 1, effective October 1. L. 79: (1) amended, p. 352, § 16, effective September 30. L. 81: (1) amended, p. 485, § 9, effective July 1. L. 86: Entire section R&RE, p. 490, § 93, effective July 1. L. 92: Entire section amended, p. 1812, § 2, effective March 19. L. 96: (1) amended, p. 383, § 8, effective April 17. L. 2002: (1) amended, p. 337, § 3, effective April 19. L. 2007: (1) amended, p. 804, § 5, effective August 3.
Editor's note: This section is similar to former § 8-74-105 as it existed prior to 1976.
Notes of Decisions
Samaritan Inst. v. Prince-Walker, 883 P.2d 3 (Colo. 1994).
· cites it 3× “Pursuant to § 8-74-104 (1986 Repl.Vol. 3B), the Panel may affirm, modify, reverse, or set aside a hearing officer’s decision based on the evidence in the record.”
Alfaro v. Indus. Claim Appeals Off., 78 P.3d 1147 (Colo. Ct. App. 2003).
· cites it 11× “Section 8-74-104(2), C.R.8.2002, authorizes the Panel to affirm, modify, reverse, or set aside any decision of the hearing officer "on the basis of the evidence in the record previously submitted in the case.”
Voisinet v. Indus. Claim Appeals Off., 757 P.2d 171 (Colo. Ct. App. 1988).
· cites it 12× “Claimant correctly asserts that prior to the repeal and reenactment of § 8-74-104, C.R.S., in 1986, when the General Assembly replaced the Industrial Commission with the Panel, this statute granted the Industrial Commission, when reviewing a hearing officer’s decision, the…”
Indus. Claims Appeals Off. v. Flower Stop Mktg. Corp., 782 P.2d 13 (Colo. 1989).
· cites it 2× “Section 8-74-104(2), 3B C.R.S. (1980), provides: “Üpon petition to review by an interested party, the industrial claim appeals panel may affirm, modify, reverse, or set aside any decision of a hearing officer on the basis of the evidence in the record previously submitted in the…”
Allison v. Indus. Claim Appeals Off. of Colorado, 884 P.2d 1113 (Colo. 1994).
· cites it 2× “[3] Section 8-74-107 provides that: (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…”
Santa Fe Energy Co. v. Baca, 673 P.2d 374 (Colo. Ct. App. 1983).
· cites it 3× “Supp.). We reject these arguments. The Commission may, upon petition for review, enter an order based on the evidence submitted in the case, or it may require the submission of additional evidence.”
Lutheran Hosp. & Homes Soc'y v. Indus. Comm'n, 710 P.2d 496 (Colo. Ct. App. 1985).
· cites it 2× “2d 815 (Colo.App.1985). That the 20-day period is triggered by mailing, rather than receipt of the order, is clear from § 8-74-106(l)(a), C.”
Scofield v. Indus. Com'n of State of Colo., 697 P.2d 815 (Colo. Ct. App. 1985).
· cites it 3× “” Nevertheless, we decline to dismiss this proceeding because the Commission’s notice of final order was misleading.”
Matthews v. Indus. Comm'n, 609 P.2d 1127 (Colo. Ct. App. 1980).
· cites it 2× “The only indispensable party is the Industrial Commission. It is the Commission that makes the final determination of claims.”
Colo. Rev. Stat. § 8-74-104(1): 16 cases
Santa Fe Energy Co. v. Baca, 673 P.2d 374 (Colo. Ct. App. 1983).
“Supp.). We reject these arguments. The Commission may, upon petition for review, enter an order based on the evidence submitted in the case, or it may require the submission of additional evidence.”
Lutheran Hosp. & Homes Soc'y v. Indus. Comm'n, 710 P.2d 496 (Colo. Ct. App. 1985).
“2d 815 (Colo.App.1985). That the 20-day period is triggered by mailing, rather than receipt of the order, is clear from § 8-74-106(l)(a), C.”
Matthews v. Indus. Comm'n, 609 P.2d 1127 (Colo. Ct. App. 1980).
“The only indispensable party is the Industrial Commission. It is the Commission that makes the final determination of claims.”
Colo. Rev. Stat. § 8-74-104(2): 17 cases
Voisinet v. Indus. Claim Appeals Off., 757 P.2d 171 (Colo. Ct. App. 1988).
“Claimant correctly asserts that prior to the repeal and reenactment of § 8-74-104, C.R.S., in 1986, when the General Assembly replaced the Industrial Commission with the Panel, this statute granted the Industrial Commission, when reviewing a hearing officer’s decision, the…”
Indus. Claims Appeals Off. v. Flower Stop Mktg. Corp., 782 P.2d 13 (Colo. 1989).
“Section 8-74-104(2), 3B C.R.S. (1980), provides: “Üpon petition to review by an interested party, the industrial claim appeals panel may affirm, modify, reverse, or set aside any decision of a hearing officer on the basis of the evidence in the record previously submitted in the…”
Samaritan Inst. v. Prince-Walker, 883 P.2d 3 (Colo. 1994).
“Pursuant to § 8-74-104 (1986 Repl.Vol. 3B), the Panel may affirm, modify, reverse, or set aside a hearing officer’s decision based on the evidence in the record.”
Alfaro v. Indus. Claim Appeals Off., 78 P.3d 1147 (Colo. Ct. App. 2003).
“Section 8-74-104(2), C.R.8.2002, authorizes the Panel to affirm, modify, reverse, or set aside any decision of the hearing officer "on the basis of the evidence in the record previously submitted in the case.”
Colo. Rev. Stat. § 8-74-104(4): 1 case
Alfaro v. Indus. Claim Appeals Off., 78 P.3d 1147 (Colo. Ct. App. 2003).
“Section 8-74-104(2), C.R.8.2002, authorizes the Panel to affirm, modify, reverse, or set aside any decision of the hearing officer "on the basis of the evidence in the record previously submitted in the case.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.