Brown & Root: When an Alj's Order Is an Award

• Jurisdiction: Colorado,United States
• Citation: Vol. 09 No. 1993 Pg. 1927
• Pages: 1927
• Publication year: 1993

22 Colo.Law. 1927 Colorado Lawyer 1993.

1993, September, Pg. 1927. Brown & Root: When an ALJ's Order is an Award

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1927

Brown & Root: When an ALJ's Order is an "Award"

by David P. Cain

Practitioners recognize that one of the distinguishing features of workers' compensation law is the parties' right to petition to reopen an "award" of benefits. CRS § 8-43-303(1) provides that an award may be reopened within six years from the date of the injury. CRS § 8-43-303(2)(a) provides for the reopening of an award within "two years after the date the last temporary or permanent disability benefits become due or payable." Because the right to reopen is subject to the special requirement that the petitioner prove an error, mistake or change in condition, it is important to determine whether there has been an award of benefits which triggers the unique proof requirements

In the recent case of Brown & Root, Inc. v. Industrial Claim Appeals Office,(fn1) the Colorado Court of Appeals defined the circumstances in which an administrative law judge's ("ALJ") order will be considered an award for purposes of the reopening statutes. The decision established an important new rule of judicial closure of claims, of which practitioners should be cognizant. This article explores the court's definition of "award" and points out areas where this definition may prove legally and practically troublesome.

Definition of "Award" in Brown &amp Root

In Brown & Root, the court's stated objective was to define when an ALJ's order granting workers' compensation benefits constitutes an award for purposes of the reopening statutes. In order to understand the court's definition of an "award," it is necessary to review the factual context of the Brown & Root decision.

In Brown & Root, the claimant sustained an industrial injury in 1981 and sought a hearing concerning entitlement to temporary total disability and medical benefits. In 1984, an ALJ issued an order denying the claim for temporary total disability benefits, awarding medical benefits and reserving the issue of permanent disability benefits for future determination.

Meanwhile, in May 1984, the claimant was injured in an automobile accident while allegedly seeking to obtain authorized treatment for the 1981 industrial injury. In 1988, the claimant requested a hearing to determine her entitlement to temporary total disability and medical benefits resulting...