The Colorado Workers’ Comp Appeals Process Explained Step-by-Step
Fast Answers: What To Do Right Now If Your Colorado Workers’ Comp Claim Was Denied
Getting your workers compensation claim denied in Colorado can feel like the end of the road. But here’s what many injured workers in Pueblo and Southern Colorado don’t realize: a denial is often just the beginning of the process, not the end. Colorado law provides a structured appeals process that gives you multiple opportunities to fight for the benefits you deserve.
The most critical thing you need to know right now is this: you usually have only 20 days from the mailing date of the order or denial to start an appeal in Colorado. This deadline is strict, and missing it can permanently end your right to challenge the decision. You have 20 days to file an appeal after receiving notice that your workers' compensation claim has been denied.
If any of these situations apply to you, your case is urgent:
Your workers compensation benefits were suddenly cut off
Medical treatment for your work injury was denied
Your employer or employer's insurance company claims your injury is not work-related
There’s a dispute over your maximum medical improvement (MMI) status
You disagree with your impairment rating, which affects your permanent disability benefits
Your claim is denied and you don’t understand why
Waiting or missing deadlines can permanently kill your claim. The appeals process is time-sensitive, and every day matters. You need to act quickly to file an appeal within the 20-day deadline. You need to talk to an experienced workers compensation attorney quickly to protect your rights.
Call Johnston Law Firm, LLC in Pueblo at (719) 309-9484 now for a free workers’ comp appeal consultation, or send us a message through our secure online contact form.
Johnston Law Firm represents injured workers across Colorado, including Pueblo, Otero, Fremont, Custer, Huerfano, Las Animas, and Crowley Counties. No matter where you are in the state, we can help you understand your legal options and fight for the full benefits you’re owed.
Understanding Why Your Colorado Workers’ Comp Claim Was Denied
When you receive a denial letter or order from the insurer or an administrative law judge, the first step is understanding exactly why your claim was denied. The denial should explain the legal and factual reasons for the decision—though these explanations are often written in confusing legal language. Denials are decision based on the facts and law presented in your claim.
Claims are often denied because medical records fail to explicitly link the injury to job duties. Additionally, workers' compensation claims can be denied if the injury does not meet the statutory definition of an injury under workers' compensation, if the injury was not reported on time, or if the injury is disputed by the employer.
Common Reasons for Workers’ Comp Claim Denial in Colorado
Denial Reason | What It Means |
|---|---|
Late reporting to employer | You didn’t notify your employer of the injury within the required timeframe |
Late claim filing | You missed the deadline to file with the Division of Workers Compensation |
Dispute over work-relatedness | The insurer claims your injury didn’t happen at work or wasn’t caused by work |
Pre-existing condition argument | The insurer blames your injury on a condition you had before the work incident |
Missed medical appointments | The insurer claims you didn’t cooperate with required medical evaluations |
Alleged non-cooperation | The insurer says you failed to provide requested information or follow treatment plans |
Denials can come at different stages of your workers comp claim. You might receive an initial denial from the insurance company before any hearing takes place. In other cases, you might have certain benefits denied while others are approved. And sometimes, a denial comes after a formal hearing when an Administrative Law Judge issues an unfavorable decision.
Here’s the important part: a denial is not the end of your case. It’s the trigger to start the formal appeals process.
Steve Johnston reviews denial letters line-by-line to identify legal errors, missing evidence, and procedural mistakes that can be used on appeal. Many denials are based on incomplete information or misapplication of Colorado workers compensation law.
If you do not fully understand your denial letter, call (719) 309-9484 or message us online so Johnston Law Firm can explain your options in plain English.
Step 1: Filing a Petition to Review Within 20 Days
The first formal step in appealing most Colorado workers’ comp decisions is filing a Petition to Review with the Office of Administrative Courts or the Industrial Claim Appeals Office, depending on what stage your case is in. The official Petition to Review forms come with detailed instructions that must be followed to preserve your appeal rights.
If your claim is denied before a hearing, you must file an Application for Hearing with the Office of Administrative Courts (OAC) within 45 days of the denial.
Under Colorado law, injured workers usually have only 20 days from the date you receive the written copy of the administrative law judge’s decision or written denial to file a petition to review. This 20-day deadline is described as “very important” in official Colorado Division of Labor and Employment guidance—and for good reason. Missing it typically ends your right to appeal that order entirely.
What the Petition to Review Must Include
Identification of the specific order being appealed
Names of all parties involved (you, your employer, the insurance company)
A general statement of the reasons the decision is being challenged
The Petition to Review form is available online from the Colorado Office of Administrative Courts or the Industrial Claim Appeals Office. Your attorney can also prepare and complete this form on your behalf.
Service Requirements
Filing the petition isn’t enough on its own. You must also mail or deliver copies to:
The court or administrative courts
Your employer
The employer’s insurance company
Proper service is required, and failure to serve all parties can create problems with your appeal.
Johnston Law Firm carefully tracks deadlines, prepares the Petition to Review, and ensures it is properly filed and served to preserve your appeal rights. We understand that workers in rural Colorado counties may experience mail delays, which makes professional deadline tracking even more important.
Before your 20 days run out, call Johnston Law Firm at (719) 309-9484 or message us onlineso we can file your Petition to Review on time.
Step 2: Ordering the Transcript and Building the Record
Colorado workers’ comp appeals are usually decided on the written record and transcripts—not new witnesses or new evidence presented at the appellate level. This makes the transcript from your original hearing absolutely critical.
If you cannot afford the cost of transcripts, you may apply to the Division Director for financial assistance.
After filing the Petition to Review, your attorney typically requests the hearing transcript from the court reporter. In many cases, this can be done using a combined Petition to Review and Transcript Request form, which streamlines the process.
When gathering and organizing evidence, it is important to collect diverse evidence, including detailed physician reports and written witness statements from co-workers, to strengthen your case.
The process involves ordering transcripts, submitting written legal briefs explaining why the decision was incorrect, and having the case reviewed by the Industrial Claim Appeals Office (ICAO).
What the Transcript Includes
The transcript is a word-for-word record of everything that was said at your original formal hearing:
Your testimony about your injury and how it happened
Witness testimony from coworkers or supervisors
Testimony from medical experts and treating physicians
Statements from employer representatives
Cross-examination by the opposing party’s attorney
The evidence presented through documents and exhibits
Steve Johnston reviews the transcript to find mistakes in credibility findings, misstatements of evidence, or legal errors made by the judge. This detailed review is essential because the Industrial Claim Appeals Panel and higher courts will base their decisions almost entirely on what’s in this written record.
Why the Record Matters
No new evidence is usually allowed at the appellate stage. If something important was left out of your original hearing, or if evidence was improperly excluded, those issues must be raised based on what’s already in the record.
Johnston Law Firm gathers and organizes exhibits, medical records, wage documents, and other materials that are already part of the record to support written appeal arguments.
You can schedule a free review of your hearing transcript and order at (719) 309-9484 or message us online.
Step 3: Writing and Filing Your Appeal Brief
The next step in the colorado workers comp appeals process is submitting a written legal brief specifically addressing why the administrative law judge’s decision was incorrect under Colorado workers compensation law.
In most cases, the appealing party has 20 days after the mailing of the transcript notice to file their opening brief. After filing a Petition to Review, you have 20 days to file a brief in support of your petition. This written statement should outline the specific errors in the administrative law judge's decision once the transcript is completed. The other parties then have 20 days to file a response brief. This sequential timing ensures both sides have adequate opportunity to present their arguments.
What Goes in an Appeal Brief
Your brief is the primary opportunity to present legal arguments and factual analysis to the appellate panel. It should include:
Introduction: A summary of your case and what you’re asking for
Statement of Facts: A clear explanation of what happened, based on the evidence presented at the hearing
Legal Issues: The specific legal questions the appeals panel should address
Arguments: Detailed explanations of why the judge’s decision was wrong
Requested Relief: What you want the panel to do (reverse the decision, modify benefits, order a new hearing)
Common Arguments on Appeal
Argument Type | Example |
|---|---|
Misapplication of Colorado statutes | The judge applied the wrong legal standard to determine work-relatedness |
Incorrect interpretation of medical evidence | The judge ignored your treating physician’s opinions in favor of the insurer’s doctor |
Improper denial of benefits | You should have been awarded medical bills, lost wages, or permanent disability benefits |
Procedural errors | The judge failed to follow required procedural rules during the hearing |
Legal citations to Colorado statutes, Division of Workers Compensation rules, and prior Industrial Claim Appeals Office decisions are important to strengthen your appeal. The briefs submitted by both parties are the key evidence the panel uses to make its decision.
Johnston Law Firm tailors each appeal brief to the specific injury involved—whether it’s a back injury, repetitive trauma, or catastrophic injuries from industrial or automobile accidents on the job.
Writing a persuasive brief is complex. Having a Pueblo-based workers’ comp attorney like Steve Johnston on your side improves the chance of success.
Do not try to draft your appeal brief alone—call Johnston Law Firm, LLC at (719) 309-9484 or message us online so we can prepare a strong, legally sound argument for you.
Step 4: How the ALJ and Industrial Claim Appeals Office Review Your Case
After both sides file their briefs, the process moves to review. The Administrative Law Judge (ALJ) has 30 days after the briefs are filed to issue a supplemental order, either changing or upholding their original decision.
If the case is appealed further, a panel of appellate judges from the Industrial Claim Appeals Panel reviews the briefs and the transcript. This panel typically makes a decision within 60 days.
The panel's decision is the formal outcome of this review process and determines the next steps in the Colorado workers comp appeals process.
ALJ Review of the Petition to Review
The Administrative Law Judge reviews the written arguments and the transcript to decide whether to change or uphold the original order. The ALJ typically has 30 days after receiving the final brief to issue a written decision on the Petition to Review.
The judge can:
Affirm the original decision (uphold it as correct)
Modify it (for example, award additional benefits or correct a calculation error)
Set it aside and order a new hearing
Industrial Claim Appeals Panel Review
If the ALJ fails to issue a timely decision, or if a party disagrees with the ALJ’s ruling on the Petition to Review, the next level is the Industrial Claim Appeals Panel in Denver.
This panel consists of multiple judges who evaluate the case based on:
The administrative law judge’s decision
The briefs submitted by both parties
The hearing transcript and record
The Industrial Claim Appeals Panel does not conduct hearings or hear new testimony. It reviews only the existing written record. The panel usually has 60 days from receiving the file to issue its decision.
Possible Outcomes from the Panel
Panel’s Decision | What It Means |
|---|---|
Affirm | The panel agrees with the ALJ’s decision |
Reverse | The panel disagrees and changes the outcome in your favor |
Remand | The panel sends the case back to the ALJ with instructions to reconsider certain evidence or apply the correct legal standard |
If the Industrial Claim Appeals Panel fails to issue a decision within 60 days, you have the option of appealing directly to the Colorado Court of Appeals without waiting further.
Johnston Law Firm handles appeals both at the ALJ level and before the Industrial Claim Appeals Office for workers across Colorado—not just in Pueblo.
The panel’s decision is mailed to all parties. If you disagree with the final order, another deadline begins to run for appealing to the Colorado Court of Appeals.
Step 5: Taking Your Case to the Colorado Court of Appeals and Beyond
If the Industrial Claim Appeals Office rules against you, there is a further right to appeal to the Colorado Court of Appeals.
Filing with the Colorado Court of Appeals
An appeal to the Colorado Court of Appeals is a more formal court process with specific filing rules. You have a strict deadline of 21 days from the mailing of the Panel’s final order to file your notice of appeal.
The Court of Appeals reviews only the existing record, including:
The hearing transcript
All administrative decisions
Briefs filed at earlier stages
The court does not hear new testimony or consider new evidence. This is a critical limitation: the Court of Appeals focuses primarily on legal issues and whether proper procedures were followed, rather than re-examining the facts of your case.
What This Stage Requires
This stage typically requires preparation of a full appellate brief with detailed legal research and citations to Colorado statutes and prior appellate decisions. A panel of three judges reviews the case file and written arguments. Decisions are typically mailed within 3 to 5 months after the opening brief is filed.
Colorado Supreme Court Review
In rare cases, a party may seek further review from the Colorado Supreme Court, the highest court in the state. However, the Supreme Court has discretion to decide whether to hear a particular appeal. Cases that reach this level typically involve significant legal questions or issues of public importance.
Most cases are resolved long before reaching this level. The practical appeal process for most workers’ compensation cases concludes at either the Industrial Claim Appeals Panel or the Colorado Court of Appeals level.
Appeals at the Court of Appeals level are technical and time-sensitive. Having an attorney experienced in both workers compensation and appellate practice is crucial.
Johnston Law Firm evaluates whether a Court of Appeals filing is strategically wise, based on costs, time, legal issues, and your goals.
If you received an adverse decision from the Industrial Claim Appeals Office, contact Johnston Law Firm at (719) 309-9484 or message us online right away to discuss whether a Court of Appeals case makes sense.
Deadlines and Timelines in Colorado Workers’ Comp Appeals
Colorado workers compensation is deadline-driven. Missing dates can end your right to benefits permanently.
Key Deadlines at a Glance
Stage | Deadline |
|---|---|
Report injury to employer | 10 days (in most cases) |
File Workers’ Claim for Compensation (WC 15) | 2 years (in most cases) |
File Petition to Review after ALJ order | 20 days from mailing date |
File opening brief | 20 days after transcript notice |
Opposing party files response brief | 20 days after opening brief |
ALJ ruling on Petition to Review | 30 days after final brief |
Industrial Claim Appeals Panel decision | 60 days after receiving file |
Appeal to Colorado Court of Appeals | 21 days from Panel’s final order |
Overall Timeline
The overall appeal timeframe from ALJ order to Industrial Claim Appeals Office decision may take approximately 3 to 4 months, sometimes longer depending on complexity. If the case proceeds to the Court of Appeals, expect an additional 3 to 5 months.
Timelines can vary if there was no hearing yet, such as when you’re appealing a direct insurance denial before any formal hearing occurred.
Johnston Law Firm tracks every deadline for clients and uses a system to ensure petitions, transcripts, and briefs are filed on time.
Call (719) 309-9484 or message us online today so we can confirm your specific deadlines and keep your claim alive.
Common Issues and Strategies in Colorado Workers’ Comp Appeals
Many appeals focus on recurring issues that arise in workers compensation cases across Colorado.
Frequently Disputed Issues
Work-relatedness of the injury: Was your injury caused by your job?
Extent of disability: How disabled are you, and for how long?
Medical treatment approval: Should the insurer pay for recommended treatment?
Wage-loss calculations: Are your lost wages being calculated correctly?
MMI and Impairment Rating Disputes
Disputes about maximum medical improvement (MMI) and impairment ratings are common. Insurers often use their own doctors who assign low ratings, which reduces permanent disability benefits. Effective appeals require careful analysis of the medical evidence to challenge these findings.
Pre-Existing Condition Arguments
Insurers frequently argue that injuries stem from pre-existing conditions or off-the-job activities. Countering these arguments requires careful review of medical records and sometimes expert medical testimony.
Johnston Law Firm works with treating physicians and sometimes independent medical experts to clarify causation and disability in writing. We understand that the evidence presented at the original hearing—incident reports, witness testimony, consistent medical records, and employer safety records—is key to a successful appeal.
Because Steve Johnston also handles automobile accidents and personal injury matters, he understands how on-the-job vehicle crashes and complex injuries interact with workers compensation law.
How Johnston Law Firm, LLC Helps With Colorado Workers’ Comp Appeals
Johnston Law Firm, LLC is a Pueblo-based firm focused on helping injured workers throughout Colorado, including Otero, Fremont, Custer, Huerfano, Las Animas, Crowley Counties, and beyond.
Steve Johnston’s Practice Areas
Steve Johnston’s six key practice areas are:
Workers’ Compensation
Personal Injury
Automobile Accidents
Estate Planning
Criminal Law
Social Security Law
This broad background helps when cases overlap. For example, a work injury might affect your Social Security claims, or you might need to update your estate planning after a serious workplace accident.
What We Do for Your Appeal
Service | What It Includes |
|---|---|
Review denial letters and orders | Line-by-line analysis to identify legal errors and weaknesses |
Calculate and track deadlines | System to ensure nothing is missed |
File the Petition to Review | Proper preparation and service to all parties |
Order transcripts | Request from court reporter, review for errors |
Draft persuasive briefs | Legal research, citations, compelling arguments |
Represent you at hearings | Before ALJ, Industrial Claim Appeals Office, and appellate courts |
What You Can Expect
Direct access to an attorney: You work with Steve Johnston, not a paralegal
Clear explanations: Each stage explained in plain English
Realistic expectations: Honest assessment of timelines and potential outcomes
Initial consultations for workers’ compensation appeals are free. The firm typically works on a contingency fee for workers’ compensation benefits, meaning no attorney fee unless benefits are recovered (subject to Colorado law and fee agreements).
Johnston Law Firm has handled workers compensation matters across the state—not just in Pueblo—and is familiar with local employers, insurers, and medical providers.
If your Colorado workers’ comp claim has been denied or underpaid, call Johnston Law Firm, LLC now at (719) 309-9484 or message us online to schedule your free, no-obligation appeal review.
When to Talk to a Colorado Workers’ Compensation Attorney About an Appeal
Injured workers can technically represent themselves in the colorado workers comp appeals process. But appeals are often lost because of missed deadlines, incomplete records, or poorly drafted briefs.
When You Especially Need Legal Representation
Serious injuries requiring ongoing medical care
Permanent disability that affects your ability to work
Disputes about whether you can return to your job
Complex medical conditions with multiple treating doctors
Multiple benefit denials or a completely denied claim
Your medical bills and lost wages are piling up
Why Start Early
Involving Johnston Law Firm early—even before a formal denial—can help shape the medical record, preserve evidence, and reduce the chance of a denial in the first place. Steve Johnston’s experience in criminal law and social security matters means he is comfortable with hearings, cross-examination, and other adversarial processes that often occur in workers’ comp disputes.
There is no downside to at least having a free consultation to understand your appeal rights and the strength of your case.
Do not wait until your deadline has passed—call (719) 309-9484 or message us online today so Johnston Law Firm can help protect your workers’ compensation benefits.
Next Steps: Protecting Your Rights After a Denied Colorado Workers’ Comp Claim
The Colorado workers’ comp appeals process moves in stages:
Denial from insurer or ALJ
Petition to Review filed within 20 days
Transcript ordered from court reporter
Written briefs submitted by both parties
ALJ review of the Petition to Review
Industrial Claim Appeals Office review
Possible appeal to the Colorado Court of Appeals
Even if you feel overwhelmed, you do not have to navigate these steps alone. Johnston Law Firm can guide you from start to finish.
Before Your Consultation, Gather These Documents
Denial letters and written orders
Medical records related to your injury
Wage information and pay stubs
Incident reports from your employer
Correspondence from the insurance company
Any other evidence related to your claim in Colorado
Johnston Law Firm offers flexible consultation options for workers in Pueblo, Pueblo West, La Junta, Cañon City, Trinidad, Walsenburg, Colorado Springs, and other Colorado communities.
Call Johnston Law Firm, LLC at (719) 309-9484 or message us online so we can start building your Colorado workers’ comp appeal today.