A Guide to Adjudication After a Denied Workers’ Comp Claim in CO

Learn what you need to do to appeal a workers’ comp denial and get the benefits you deserve

Many Colorado workers are surprised when their workers’ comp claims are denied—but unfortunately, it happens far more often than people think. 

Even if you followed all the right steps after your work injury and reported it to your employer, you can be wrongfully denied workers’ comp benefits, leaving you with medical bills and lost income with seemingly nowhere to turn. 

But don’t give up quite yet! The truth is, a denial doesn’t mean your case is over. Colorado gives injured workers the opportunity to challenge denied claims through a process called adjudication. In this article, we’ll explain what adjudication is, how to request a hearing, and how long the process typically takes.

If you’re unsure where to start or worried about making a misstep, you’re not alone. The experienced Denver work injury attorneys at Babcock Tucker are here to help you fight for the benefits you’re owed.

Learn more about your rights and legal options by scheduling a free consultation with Babcock Tucker today.

How do I request a hearing for adjudication in Colorado?

​If your Colorado workers’ compensation claim has been denied and you wish to challenge the decision, you can request a formal hearing by filing an application with the Colorado Office of Administrative Courts (OAC). Here’s what to do:

1. Obtain the right form. Start by printing out the “Application for Hearing” form, which you can find on the Colorado Office of Administrative Courts (OAC) website. Make sure you use the most current version—older or incomplete forms can be rejected, which will slow the process.
2. Fill it out completely. Be clear and specific about what you’re disputing. Whether it’s a full denial of benefits, issues with medical care, or unpaid wage benefits, this is your chance to set forth exactly what you need. 
3. File it with the correct office. Where you send the form depends on where you live or where the hearing will take place:
   • Denver or Greeley hearings: File at the Denver OAC office.
   • Colorado Springs or Pueblo hearings: File at the Colorado Springs OAC office.
   • Grand Junction, Glenwood Springs, or Durango: File at the Grand Junction OAC office.
     
     *Please note that each office’s address is listed on the form in the top left corner.
4. Send a copy to everyone involved. Once you’ve filed the application, you’ll need to send copies to all other parties in the case—usually your employer and their insurance company. This is required and can’t be skipped.

How long does adjudication usually take in Colorado workers’ comp cases?

The reality is that it depends, but this is what you can generally expect. 

The hearing is typically scheduled within 4 months of when you filed the application for a hearing. Once your hearing date arrives, the hearing itself can be relatively quick, with some lasting just 30 minutes. However, more complicated cases can stretch over several days, depending on how many issues need to be resolved. On average, though, most hearings run about 2 to 3 hours.

After the hearing, the administrative law judge (ALJ) will review the evidence and issue a written decision within 15 business days. If you’re awarded benefits and both sides accept the judge’s decision, you will begin receiving your benefits.

What happens if I disagree with the decision?

If you disagree with the ALJ’s decision, you have the right to file a Petition to Review, but you must do so within 20 days of the date the decision was mailed. Please note that your employer or its insurer also has the right to file a Petition to Review if it disagrees with the decision. 

Once the petition is filed, the other side has 20 days to submit a response. After that, the judge has up to 30 days to either issue an amended order or let the case move forward to the Industrial Claim Appeals Panel.

The Appeals Panel does not hold another hearing—it reviews the evidence and briefs from the original hearing. It must issue its decision within 60 days of receiving your file. A written copy of the decision will be mailed to everyone involved.

If you still disagree with the outcome, you can appeal the Panel’s final order to the Colorado Court of Appeals—but you must do so within 21 days. Just keep in mind that the Court of Appeals won’t re-evaluate the facts of your case; it reviews for mistakes in the law or process.

We know this is a lot to handle, especially when you’re dealing with the impact of a work injury. Keep in mind that the vast majority of injured workers who have attorneys resolve their cases without a hearing or lengthy legal process.

Were you denied workers’ comp benefits in Colorado? We can help!

We know this process can feel overwhelming. Unfortunately, that’s what insurance companies are counting on. They know many workers will simply give up after a denial, not realizing they still have options.

At Babcock Tucker, we’re here to make sure you understand your rights and help you fight back after a wrongfully denied claim. Our knowledgeable Denver workers’ compensation lawyers are dedicated to uncovering the truth about your injury and ensuring you get the full benefits you deserve.

Contact Babcock Tucker today for a free consultation, and let’s talk about how we can help you move forward.