7 CCR 1101-3-17-1 - General Definitions and General Provisions
1-1 THE
FOLLOWING DEFINITIONS SHALL APPLY UNLESS OTHERWISE INDICATED IN THESE RULES
(A) "Act" means articles 40 through 47 of
title 8 of the Colorado Revised Statutes.
(B) "Claimant" means an employee or
dependent(s) of a deceased employee claiming entitlement to benefits under the
Act. For the purpose of notification and pleadings, the term claimant shall
include the claimant's legal representative.
(C) "Director" means the Director of the
Division of Workers' Compensation.
(D) "Division" means the Division of Workers'
Compensation in the Department of Labor and Employment.
(E) "Electronically recorded" means a
recording made using tape recording, digital recording, or some other generally
accepted medium.
(F) "Employee"
means an individual who meets the definition of "employee" in the
Act.
(G) "Employer" means anyone
who meets the definition of "employer" in the Act.
(H) "Insurer" means every mutual company or
association, every captive insurance company, and every other insurance
carrier, including Pinnacol Assurance, providing workers' compensation
insurance in Colorado and every employer authorized by the Executive Director
of the Department of Labor and Employment to act as its own insurance carrier
as well as any workers' compensation self-insurance pool authorized pursuant to
statute.
(I) "Notice" means actual
or constructive knowledge.
(J)
"Service" means delivery via United States mail, hand delivery, facsimile or,
with consent of the party upon whom the documents are being served, electronic
mail.
1-2 COMPUTATION OF
TIME/DATE OF FILING
(A) Unless a specific rule
or statute states to the contrary, the date a document or pleading is filed is
the date it is mailed or hand delivered to the Division of Workers'
Compensation or the Office of Administrative Courts.
(B) In computing any period of time
prescribed or allowed by these rules, the day of the act, event, or default
from which the designated period of time begins to run shall not be included.
Thereafter, every day shall be counted, including holidays, Saturdays or
Sundays. The last day of the period so computed shall be included, unless it is
a Saturday, a Sunday, or a legal holiday, in which event the period runs until
the end of the next day which is not a Saturday, a Sunday, or a legal holiday.
The "next day" is determined by continuing to count forward when the period is
measured after an event and backward when measured before an event.
(C) As used in this rule, "business day"
refers to any day other than a Saturday, Sunday or legal holiday.
1-3 NOTARIZATION OF AUTHORIZATION
FOR RELEASE OF INFORMATION
The claimant's signature must be notarized on all releases filed with the Division of Workers' Compensation pursuant to § 8-47-203(1)(e), C.R.S.
1-4 SERVICE OF
DOCUMENTS
(A) Whenever a document is filed
with the Division, a copy of the document shall be mailed to each party to the
claim and attorney(s) of record, if any.
(B) Any document that is certified as mailed,
including admissions, must be placed in the U.S. mail or delivered on the date
of certification. Except where specifically permitted by the division,
documents may not be filed with the division via e-mail.
(C) Vocational reports for claims based upon
an injury on or after July 2, 1987 at 4:16 p.m. shall not be filed with the
Division except when requested by the Director, when attached to a final
admission. If the claimant participates in a vocational evaluation, or if the
insurer offers vocational services and the claimant accepts, written reports
must be produced and should be produced within 30 days and a copy of every
vocational report not filed with the Division shall be exchanged with all
parties within 15 working days of receipt.
1-5 REQUESTS FOR ORDERS UNDER §
8-47-203(2),
C.R.S.
(A) Requests made to the Division of
Workers' Compensation pursuant to §
8-47-203(2),
C.R.S., for copies or inspection of orders entered by the Director or an
administrative law judge shall:
(1) be made
in writing and addressed to the Director and,
(2) state the name of the requester and
include the requester's mailing address and phone number; and,
(3) specifically identify the criteria for
orders being requested. For example, all orders on the merits from a specific
time period or all orders involving specified issues or injuries, etc.;
and
(4) state the purpose for
reviewing the orders.
(B) The requester shall provide any
additional information required by the Division. After receiving such a request
the Division will provide a cost estimate for processing the request. The
requester may agree to pay the costs involved or decline further processing of
the request. At the discretion of the Division payment may be required prior to
the work being performed.
(C) To
protect the confidentiality of the claimant and the employer named in the
requested orders:
(1) requests shall not be
accepted for orders based on claimant or employer names, or other uniquely
identifying claimant or employer information; and,
(2) requests shall not be accepted for any
criteria resulting in the inclusion of fewer than three claimants or employers
in the group of orders inspected, unless approved by the Director or the
Director's designee.
1-6 MEDIATION
Parties to a dispute may consent to submit any dispute to mediation pursuant to the provisions of § 8-43-205, C.R.S. Requests for mediation should be filed with the Division of Workers' Compensation
1-7 EMPLOYER CREDIT FOR WAGES PAID
UNDER §
8-42-124(2),
C.R.S.
(A) An employer who wishes to pay
salary or wages in lieu of temporary disability benefits may apply to the
Director for authorization to proceed pursuant to §
8-42-124(2),
C.R.S.
(B) The application to the
Director shall contain the following information:
(1) a reference to the contract, agreement,
policy, rule or other plan under which the employer wishes to pay salary or
wages in excess of the temporary disability benefits required by the act,
and
(2) a description of the
employees covered by the application and a statement that these employees will
not be charged with earned vacation leave, sick leave, or other similar
benefits during the period the employer is seeking a credit or
reimbursement.
(C) An
employer who has received approval from the Director to proceed under §
8-42-124(2),
C.R.S., shall indicate on the employer's first report of injury form whether
the claim is subject to §
8-42-124, C.R.S.
Notes
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