(1) [ Editor's note: This version of subsection (1) is effective January 1, 2022. ] At any time within six years after the date of injury, the director or an administrative law judge may, after notice to all parties, review and reopen any award on the ground of fraud, an overpayment involving the circumstances described in section 8-42-113.5, an error, a mistake, or a change in condition, except for those settlements entered into pursuant to section 8-43-204 in which the claimant waived all rights to reopen an award; but a settlement may be reopened at any time on the ground of fraud or mutual mistake of material fact. In cases involving the circumstances described in section 8-42-113.5, recovery of overpayments shall be ordered in accordance with said section. If an award is reopened on grounds of an error, a mistake, or a change in condition, compensation and medical benefits previously ordered may be ended, diminished, maintained, or increased. Reopening does not affect the earlier award as to money already paid except in cases of fraud. Any order entered under this subsection (1) is subject to review in the same manner as other orders.
Source: L. 90: Entire article R&RE, p. 509, § 1, effective July 1. L. 91: (3) added, p. 1323, § 34, effective July 1. L. 97: (1) and (2)(a) amended, p. 114, § 5, effective July 1. L. 2007: (4) added, p. 1474, § 8, effective May 30. L. 2021: (3) amended, (HB 21-1050), ch. 384, p. 2575, § 11, effective September 7; (1) amended, (HB 21-1207), ch. 149, p. 870, § 2, effective January 1, 2022.
Structure Colorado Code
§ 8-43-301. Petitions to Review
§ 8-43-304. Violations - Penalty - Offset for Benefits Obtained Through Fraud - Rules
§ 8-43-304.5. Penalties in Rate-Making
§ 8-43-305. Each Day Separate Offense
§ 8-43-306. Collection of Fines, Penalties, and Overpayments
§ 8-43-307. Appeals to Court of Appeals
§ 8-43-308. Causes for Setting Aside Award
§ 8-43-309. Actions in Court Tried Within Thirty Days
§ 8-43-310. Error Disregarded Unless Prejudicial
§ 8-43-311. Court Record Transmitted to Industrial Claim Appeals Office - When
§ 8-43-312. Court May Remand Case or Order Entry of Award
§ 8-43-313. Summary Review by Supreme Court
§ 8-43-314. Fees - Costs - Duty of District Attorneys and Attorney General
§ 8-43-315. Witnesses and Testimony - Mileage - Fees - Costs
§ 8-43-316. Appearance by Officer for Closely Held Entity