What the Division of Workers’ Compensation Can Do Under APA

Apr 6, 2015 | WC & Other Laws

Any workers’ compensation lawyer would tell you that you may have a great chance of claiming the benefits to which you are entitled to but not everyone would tell you how. You need to know how the game works because it is your name and life that are on the line.

What is the difference between the law and the rules? Some say that the law tells what a person can and cannot do while rules tell the manner of how to do it. The Administrative Procedures Act or APA delineates certain actions that agencies should follow in interpreting the laws which the Colorado legislature has written. The APA also describes in detail the powers of the Division of Workers’ Compensation. In relation to this, every Greeley disability attorney follows whatever is provided under the APA to ensure a speedy and organized hearing of cases. 

Powers of the Division of Workers’ Compensation

  1. Rule-making

The Division has the power to make rules. However, it cannot write whatever rule it pleases. It has to conduct its rule-making proceedings under the APA. The process begins with a public announcement as to the interest of writing a new rule. Thereafter, the agency should ask individuals to participate in a representative group of participants. The members of this group should be representatives of various organizations or groups with stakeholder interest on the topic of the intended rule. They should be the ones who will be affected, whether positive or negative, by the proposed rules.

Should the secretary of the state require, a draft of the proposed rule or amendment to an existing rule accompanied with a statement as to such proposal shall be filed with the secretary. This may oftentimes be requested to come with a cost-benefit analysis.

Once the representative group is complete, a public hearing will be conducted where these representatives may participate. The final proposal will be reviewed by the agency. Such will be published and will take effect 20 days after publication.

  1. Licensing

The Division can also issue, revoke, suspend, annul, limit or modify a license of an employer. However, there are two requirements that must be satisfied before agency proceedings may be instituted against the employer. First, there must be a notice in writing. The notice shall contain all the relevant and objective facts or conduct that may warrant any administrative sanction. Relevant documents shall be attached to such notice as well. Second, the licensee must have been afforded a reasonable opportunity to comply with all the legal requirements which its business failed to satisfy.

  1. Hearings and determinations

The Division may be tasked to hear a workers’ compensation claim once in a while. It shall send notices of hearing to concerned parties. Each notice of hearing shall contain the time, place, nature of hearing, and the legal authority which has jurisdiction over the hearing.

Any person who receives a notice shall file a written answer 30 days after such notice has been served or mailed. Failure to answer is a ground for default.

Read More: Denver Worker Denied Re-Opened Case

Every decision of the Division shall include a statement of findings and conclusions on the material facts and issues presented.

A good worker’s compensation lawyer can guide you in all your claims and dealings with the Division of Workers’ Compensation.

Workers’ Compensation can be arduous, confusing, and complicated. Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve. Contact us here or call us at 303-780-7329 for your free consultation.