Application for Hearing Instructions
Instructions for Completing an Application for Hearing for a Workers' Compensation 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 Hearing form to make sure the correct issues are addressed at your 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. In most cases, the first number will be a "5".
- The date of the injury involved in the claim.
- Hearing Location: Select the proper location for the hearing. The OAC holds hearings Denver, Colorado Springs, Grand Junction, Pueblo, and Glenwood Springs. Hearings are held at the location closest to where the claimant lives, unless a judge has ordered the hearing to be in a different location. You can use an online tool like Google Maps to check distance if you are unsure.
- Certification of Conferral Checkbox: Check this box to confirm that you have tried to resolve the disputed issues with the other party or that one of the following exceptions applies:
- The employer or insurance company had denied liability for the claim,
- You are requesting a hearing to dispute a Final Admission of Liability filed by the employer or insurance company, or
- You are disputing the findings of a Division of Workers' Compensation-sponsored Independent Medical Examination ("DIME").
Issues for Hearing: Be careful when listing issues for hearing. If you leave an issue out, you may not be able to address it at the hearing. This means you might have to come back for another hearing, or the issue might be waived or closed. But if you mark an issue that is not "ripe" for hearing, you may have to pay the attorney fees of the opposing party.
The following information is intended to help you decide what issues to mark on the Application for Hearing. This is general information only. It is not intended to cover every scenario and is not legal advice
"Compensability": Check this box if there is a dispute over whether you had an injury at work and needed medical treatment or disability benefits. This issue should be checked only if the employer or insurance company has NOT filed an Admission of Liability. Important Note: The OAC is not allowed to hold a hearing where compensability is the only issue. If you have endorsed "compensability", you must also identify a disputed benefit for the judge to decide, such as medical, disability, or disfigurement benefits.
"Medical Benefits": Check this box if you are requesting medical benefits that the employer or insurance company has not agreed to cover. Examples of disputed medical benefits include treatments recommended by your doctor that the insurance company has denied or won't agree to cover, or unpaid medical bills for treatment related to your injury.
"Authorized Provider": Check this box if there is a dispute over which doctors are approved to treat your injury, or if the employer did not refer you to a physician within the required time after the injury.
"Temporary Total Benefits": Claimants are generally eligible for Temporary Total Disability ("TTD") benefits if they miss at least three shifts from work because of the injury. Check this issue if you are or were completely off work because of the injury, and the employer or insurance company has not agreed to pay TTD benefits. You can also mark this issue if you disagree with the amount of TTD benefits the insurance company has paid you.
"Temporary Partial Benefits": Temporary Partial Disability ("TPD") benefits are paid if you return to work but are working less than your regular hours or are earning less than your normal pay because of the injury. Check this box if the employer or insurance company has not agreed to pay TPD benefits, or you disagree with the amount of benefits you have been paid.
"Average Weekly Wage": Wage loss benefits and some permanent disability benefits are calculated using wages the injured worker was earning when they got hurt. Check this issue if you disagree with the average weekly wage listed on the Admission of Liability filed by the employer or insurance company, or if no Admission of Liability has been filed.
"Permanent Partial Disability Benefits": A claimant who has reached maximum medical improvement ("MMI) may be eligible for permanent partial disability ("PPD") benefits to compensate for ongoing impairment caused by the injury. Check this box if you disagree with the amount of PPD benefits stated on the Final Admission of Liability.
"Permanent Total Disability Benefits": A claimant is entitled to permanent total disability ("PTD") benefits if they have reached MMI and cannot return to work and earn any wages.
"Petition to Reopen Claim": This issue should be checked if the claim has been closed by a Final Admission of Liability of an order from the DOWC or a judge. Please see section 8-43-303, of the Colorado Workers' Compensation Act, and Division of Workers Compensation Rule of Procedure 7, for more information about the grounds and time limits for reopening a claim.
"Disfigurement": The law allows additional compensation for any permanent, visible effects of a work injury. The most common form of disfigurement is scarring from the injury or surgery, but can include other things like amputations, a limp, or permanent swelling. The judge must be able to see the claimed disfigurement at the hearing. The disfigurement must be "normally exposed to public view,' which means it is visible if you are wearing a swimsuit. Important Note: If disfigurement is the ONLY issue for the hearing, you should submit the Application for Hearing - Disfigurement Only form instead.
"Death Benefits": Death benefits may be payable to surviving spouse or children of a worker who dies from a work-related accident or injury. Death benefits may also include reimbursement of funeral expenses and medical expenses for treatment of the deceased worker.
"Penalties": Penalties may be awarded against anyone who violates (1) the Workers' Compensation Act, (2) the Division of Workers' Compensation Rules of Procedure, or (3) an Order issued by an ALJ or the Director of the Division of Workers' Compensation. If you are seeking penalty, you must list the specific section of the Act, Rule, or Order that the other party violated, and describe the specific basis for the penalty claim.
"Other Issues": Use this section to list other issues related to your workers' compensation case that are not covered by the check boxes. Examples of "other" issues include, but are not limited to:
- Disputing the date of MMI determined by a Division IME
- Chance of physician
- Overpayments
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: Check only one of the two options:
(1) If you are not represented by an attorney, you may request that the OAC schedule the hearing for you. The OAC will set the hearing for a date and time between 80 and 120 days from the date the Application for Hearing was filed, and notify you of the hearing date by email or U.S. Mail.
(2) If you want to participate in choosing the date of your hearing, you will need to work with the opposing party to pick a date, and file a Hearing Confirmation form within 30 days of the date of the Application for Hearing. You can find available hearing dates on the OAC website.
- 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.