Workers’ Compensation Case Review: Factual Arguments Not Raised in Objection to Motion for Summary Judgment Cannot Be Raised on Appeal

Aug 21, 2014 | WC & Other Laws

Claimant failed to respond to Respondents’ motion for summary judgement.  When it was granted she appealed, and alleged a number of factual allegations and documents.  The The Industrial Claims Appeals Panel (ICAO) did not consider them.


Parties are expected to submit their evidence before the ALJ. Frank v. Industrial Commission, 96 Colo. 364, 43 P.2d 158 (1935). The claimant here made no response to the respondents’ motion for summary judgment. The claimant’s petition to review contains allegations of factual disputes and various documents. The arguments and documents, however, were not presented to the Administrative Law Judge (ALJ) and we may not consider them now on appeal.


As always, how this or any other case we discuss in this blog would apply to your case depends on many more factors.  We urge you to call us to see if you are entitled to workers’ compensation benefits.  Workers’ Compensation is difficult, confusing, and very complex.  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.


Cite:  Elizabeth Jones, WC No. 4-488-429 (January 29, 2014)