Reviewing the Industrial Claims Appeal Office decision.
What Can an Additional Appeal Do?
The Court of Appeals is limited, by the state legislature, as to when it can change the Industrial Claims Appeals Office (ICAO) decision. Here are some of those limitations:
- The Only Times the Final Orders Can Change:
- ICAO acted beyond its statutory powers.
- The decision was procured by fraud.
- And you raised this issue with the ICAO.
- The findings of fact do not support the ruling.
- The decision is wrong as a matter of law.
- No New Facts:
- The Court of Appeals can only consider the facts presented at the hearing. No new evidence will be accepted or considered. Your one opportunity to provide evidence supporting your case happens at the hearing.
- Determinations of Credibility:
- An appellate court must accept the Administrative Law Judge’s determination of what witnesses where more truthful than others. It’s the Administrative Law Judge's job, and not an appellate court's, to determine how much weight to put into exhibits and people’s testimony at the hearing. Your one opportunity to show that a witness was lying, or challenge the value of exhibits, happened at the hearing.
- No New Issues:
- Courts want to be as efficient as possible. To help accomplish this, the Court of Appeals will only review questions or problems that were raised with the Administrative Law Judge and the ICAO first.
- If you Missed the Hearing:
- If you missed your hearing, the only issue the Court of Appeals will consider is whether good cause was shown for missing the hearing. The Court will consider only the information you previously provided the ICAO on that subject.
- Dismissed Appeals:
- If the ICAO dismissed your appeal for being late or affirmed (upheld) a previous dismissal for being late, the only issue the Court of Appeals will consider is whether good cause was shown to file late. The Court will consider only the information you previously provided the ICAO on that subject.
Filing Procedures
Here are the step-by-step instructions and forms to appeal. For a quick overview of the entire process, review the appeals quick guide.
Step 1 - Start the Appeal
- Form: Notice of Appeal - JDF 663 (PDF Fillable).
- Detailed Instructions: Starting the Appeal Instructions - JDF 663I(PDf).
- Sample: Sample Notice of Appeal - JDF 663S (PDF).
- Due: Within 21 days of the ICAO mailing its decision. That date can be found on the last page of the decision, in the Certificate of Mailing section.
- Hard Deadline: No Court can extend the deadline past 21 days for any reason. Past the 21st day, the opportunity to appeal has closed forever.
- Where to File: You are responsible, and not the Court, for filing documents and giving copies to the other parties in the case. Mail or deliver a copy of the form to:
- The Colorado Court of Appeals - 2 East 14th Ave. Denver, CO 80203.
- The Colorado Attorney General - 1300 Broadway, 6th Floor, Denver, CO 80203.
- The Industrial Claim Appeals Office - 633 17th St., STE 200, Denver, CO 80202
- Any other respondent in the case (often your former employer, or the insurance agency).
Step 2 - Make Your Arguments
- Form:
- Opening Brief (PDF Fillable).
- Opening Brief (WORD DOCX).
- Instructions: (PDF)
- Due: Within 14 days after the Record is certified into the Court of Appeals.
Step 3 - Court of Appeals' Decision.
- A panel of three judges will review your case file and the written arguments. A decision usually is mailed within 3-5 months after the Opening Brief is filed.
Court of Appeals' Instructions, Samples, & Forms
Additional appeal materials may be found on the Court of Appeals website. Materials are listed by appeal type.
Court of Appeals' Forms and Policies Page
How to Get More Help
Appeals are hard. Click the Contact Options link below to get help. On that screen, go into the Sherlocks section to find self-help staff to answer your procedural or forms questions. Find a time to get legal information or advice in the clinic or events calendar sections. Or, find a free or moderate fee lawyer in the Find a Lawyer section.