Fully Contested Case

If the claimant is told by the insurance company or the employer that their case is a fully contested case, the insurance company and/or employer means that they are refusing to admit liability in the case.  As long as the insurance company or the employer maintains a full contest posture, they usually will not pay temporary total disability, medical benefits, or any permanent partial disability.  If they refuse to change their position, the claimant’s only recourse is to take the case to hearing and have an Administrative Law Judge determine whether the employer should be found liability for the injury.  An insurance carrier or self-insured employer must advise the Division of Workers’ Compensation and the claimant in writing of their “position” (decision to admit or deny the claim) within 20 days of notice or knowledge that the claimant has lost more than 3 shifts or 3 calendar days of work, or that the claimant is alleging permanent disability.  (Section 8-43-203(1), (2), C.R.S.).