How do you Reopen a Workers’ Compensation Claim in Colorado?

Do You Know the Rule?

Colorado permits a workers’ compensation claimant or an employer/carrier to petition to reopen an award under a limited number of circumstances. It’s up to the party seeking to reopen the claim to justify doing so based on one of those circumstances. § 8-43-303(1) C.R.S. 2024. 

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How long does a party have to reopen a claim? 

Generally, at any time within six years of the date of injury, an ALJ may reopen an award.  

More specifically, a party may file the petition: 1) within two years of the date the last workers’ compensation benefits became due and payable; or 2) within six years of the date the claimant was injured, whichever is longer. 

On what grounds may an ALJ reopen an award? 

An ALJ may reopen based on: 

• Fraud; 

• Overpayment; 

• Error; 

• Mistake; or  

• Change in condition 

A change in condition that justifies reopening a claim could, for example, include a change that results in the need for additional medical treatment or disability benefits. An example of a mistake that could justify reopening a claim is where an incorrect diagnosis only becomes clear after the claimant undergoes surgery for the injury. 

Calculation of new benefits 

If an award is reopened on grounds of an error, a mistake, or a change in condition, an ALJ may end, diminish, maintain, or increase compensation and medical benefits previously ordered. Any new benefits are calculated based on the claimant’s earnings at the time of injury.  

Exception to right to reopen 

An ALJ generally will not reopen a claim if the claimant entered into a settlement in which he waived his right to reopen an award. However, in this situation, a settlement may still be reopened at any time because of: 

• Fraud; or 

• Mutual mistake of material fact. 

Case examples 

Affirming the Industrial Claim Appeals Office Panel’s decision not to reopen the claim of a taxi driver who strained a neck muscle in a car accident where the claimant failed to prove an error, mistake, or change of condition that would warrant reopening his claim. Sing v. Industrial Claim Appeals Office of the State of Colorado, Court of Appeals No. 24CA0861 (Colo. Ct. App. 12/19/24). 

An ALJ did not abuse her discretion in granting the petition to reopen based upon mistake where it was not until after the claimant’s surgery that doctors discovered the true extent of the claimant’s herniated disc. Berg v. Indus. Claim Appeals Off., 128 P.3d 270, 272 (Colo. Ct. App. 2005).  

Because the ALJ found that the claimant remained at MMI since 1993, an award of TTD benefits could not be made, and therefore there was no basis for reopening. Richards v. Indus. Claim Appeals Off., 996 P.2d 756 (Colo. Ct. App. 2000). 

Denying a request to reopen a claim to obtain additional PPD benefits because the claimant failed to show increased permanent disability. Industrial Commission v. Vigil, 373 P.2d 308 (Colo. 1962). 

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