Application for Expedited Hearing Instructions

Instructions for Completing an Application for Expedited Hearing

If you are representing yourself in a workers' compensation hearing, you are required to follow the same rules of procedure as someone who is represented by an attorney. 

The clerks at the Office of Administrative Courts ("OAC") can give you general instructions about hearing procedures, but they can't give specific legal advice about which issues to endorse or witnesses to call. 

The information on this page is intended to help you understand how to fill out the Application for Expedited Hearing form to make sure you are eligible for an expedited hearing.

What is an "Expedited" Hearing?

Most workers' compensation hearings occur within 3 to 4 months after a party files an Application for Hearing. But the law allows for faster hearings in certain situations. An "expedited" hearing allows the parties to receive a decision from a judge faster than a standard hearing. Expedited hearings must be scheduled within 60 days after a party files an Application for Expedited Hearing.

Does the Case Qualify for an Expedited Hearing?

Be sure to read the Application for Expedited Hearing carefully to make sure your case is eligible for an expedited hearing. If the case does not qualify for an expedited hearing, the Application for Expedited Hearing will be rejected and you will have to file a regular Application for Hearing.

OAC Office Location

Check the box for the OAC Office that is closest to where the claimant lives (Denver, Colorado Springs, or Grand Junction). This is the office that will handle the hearing.

Case Caption 

You should include the following information regarding the claim:

• The names of the claimant, employer, and insurance company (if known)
• The Workers' Compensation Number. This is a 7-digit number assigned by the Division of Workers' Compensation. This is different from the claim number assigned by the insurance company. In most cases, the WC Number starts with a "5".
• The date of the injury involved in the claim.

Section A - Grounds for Expedited Hearing

Select one or more reasons why the case qualifies for an expedited hearing. Be sure to attach copies of any required documents.

1. "The Respondents have filed a Notice of Contest": Select this option if the employer or insurance company has filed a Notice of Contest ("NOC") denying liability for your claim. To qualify for an expedited hearing, you must file your application for Hearing within 45 days after the NOC was filed. You must attach a copy of the NOC to the Application for Expedited Hearing.

   Important Note: If you request an expedited hearing under this section, the issues for hearing are limited to compensability and medical benefits. If you want to address other issues at the hearing, you will need to get an agreement from the opposing party, or file a motion with the OAC. In the alternative, you can request a non-expedited hearing.

2. "There is an urgent need for prior authorization of health care services": Check this box if one of your authorized treating physicians ("ATP") has recommended urgent medical treatment that has been denied by the employer or insurance company. You must attach a copy of a medical record, report, letter, note, or other written request from the ATP.
3. "The Respondents have filed Petition to Suspend, Modify, or Terminate Compensation": Generally, the employer or insurance company will be the party requesting an expedited hearing under this section. If the claimant has filed an Objection to a Petition to Suspend, Modify, or Terminate Compensation, the Respondents can request an expedited hearing regarding the Petition. You must attach copies of the Petition and the claimant's Objection.
4. "The Claimant provided notice of an injury within the previous 45 days and there is a dispute whether the Employer or Insurer provided a list of medical providers or physicians": Choose this option if there is a dispute over whether the employer or insurance company gave the claimant a list of treating doctors or providers in the proper time and manner after receiving notice of a claimed injury. This section only applies if the claimant gave notice of the injury within 45 days before filing the Application for Expedited Hearing.
5. "The Insurer or Employer filed an initial admission of liability within the previous 45 days and there is a dispute whether the Employer or Insurer provided a list of medical providers or physicians": This option is similar to Option #4, except the Application for Expedited Hearing must be filled within 45 days after the insurance company or employer filed an Admission of Liability for the first time.
6. "The Insurer or Employer admitted liability within the previous 45 days that reduces compensation": Select this option if the insurance company or employer has filed an admission of liability within the past 45 days claiming a reduction in benefits for any of the following reasons:
   • Failure to use safety equipment provided by the employer,
   • Failure to follow a safety rule established by the employer, OR
   • The employee willfully misled the employer about their physical ability to perform the job.
7. "The Insurer or Employer terminated temporary total disability benefits within the previous 45 days because the claimant was released to regular employment": Select this option if the insurance company or employer has filed an admission of liability within the past 45 days terminating temporary total disability ("TTD") benefits because the employee was released to full duty work. The issues for the hearing are limited to:
   • Who is the "attending physician"?
   • Did the attending physician give the claimant a written release to full duty?
   • Is there a difference of opinion between multiple authorized treating providers regarding whether the claimant can return to full duty?

8. "Expedited Hearing pursuant to Rule 8-5(C)": Use this option to request a hearing under Division of Workers' Compensation Rule of Procedure 8-5(C). This Rule allows an expedited hearing when the claimant has requested a one-time change of physician using the Division's required form, and the employer or insurance company has objected to the request.

   You must attach copies of the Notice of One-Time Change of Physician form and the Objection form to the Application for Expedited Hearing. You should also briefly explain the factual disagreement between the parties regarding the request. 

   Witnesses: You should list any witnesses you may want to testify at your hearing.

   You are not required to call every witness listed on your Application for hearing, but you will not be allowed to call a witness who is not listed, unless the other side agrees or a judge allows you to add the witness. The judge will expect you to have a good reason for adding witnesses you did not list on the Application for Hearing.

   You must make arrangements for your witnesses to attend the hearing, including paying any expert witness fees.

   If you need to subpoena a witness, you will need to fill out the Subpoena form and submit it to the OAC for a judge to approve. You will then be responsible for having the subpoena served on the witness. Make sure you leave enough time before the hearing to complete this process.

   Section B - Setting Case for Hearing: Expedited hearings must occur within 60 days after the Application for Expedited Hearing is filed. The OAC will select an available date and time and notify the parties by email or U.S. Mail.

   Section C - Signature: You must sign the Application for Hearing, and give your mailing address if you are not represented by an attorney. You may also give an email address if you want the OAC or opposing parties to contact you by email.

   Section D - Certificate of Service or Mailing: You must send the Application for Hearing to the OAC that is closest to where the Claimant lives (Denver, Colorado Springs, or Grand Junction). This should be the same office you checked at the top of the first page. 

   You must also send copies to all opposing parties at the same time the Application for Hearing is filed with the OAC.

   If the employer and their insurance company are represented by an attorney, you must send a copy of the Application for Hearing to their attorney.

   If the employer and insurance company are not represented by an attorney, you must send a copy of the Application for Hearing to the employer and their insurance company. If you do not have their addresses, you can request this information from the Division of Workers' Compensation at 303-318-8700.