This information is provided as a courtesy; it does not represent legal advice. If you are unsure about how to apply this information, you should use your own judgment or that of your attorney.
What if I don't agree with the decision of the judge? If you want to appeal the judge's order, you must file a Petition to Review with the judge within 20 days after the date the judge's written order was served or mailed. This time limit is very important: if you do not file a Petition to Review on time, you may lose the right to appeal. The judge's order usually will contain instructions on how to appeal the decision and will specify the office in which you should file your petition.
If you need all or part of the transcript of the hearing as part of your appeal you must file the Petition to Review and Transcript Request . You will have to pay for the transcript unless the Director of Workers' Compensation determines that you are indigent. If you appeal the order, you will not have another hearing. Instead, you will be required to submit your argument in a written brief. You will be notified in writing of the schedule for writing your brief. After the period for filing the briefs is up, OAC staff will send the file to the Industrial Claim Appeals Office.
How do I get a copy of the transcript of the hearing? If you are requesting the transcript as part of an appeal, you must file a Petition to Review and Transcript Request in the office designated in the judge's order. If you are not wanting the transcript in connection with an appeal of the judge's order, you may request either a transcript or a copy of the audio recording .
If a you are requesting a CD of a hearing and this request is in conjunction with an appeal, there will be no fee for the CD if the CD is sent directly to an Appellate Body or a Transcription Service. If you request a CD of a hearing and that CD is to be sent directly to you, a $1 charge will be assessed as follows: (a) If you want to pick the CD up from the Office of Administrative Courts, the fee will be payable upon pick-up; or (b) If you want to have the CD mailed to you, then you must include with your request a self addressed stamped envelope as well as the $1 fee.
Do I have to pay for a copy of a transcript? Unless you are indigent, you will have to pay for the transcript that you request. If a party has already obtained a transcript and if you are a party or authorized by a party to inspect the OAC file, you may review the transcript in the hearing file. Section 8-43-213(4).
How much will a transcript cost? When you request a transcript, you are responsible for designating the person who will prepare the transcript. You are responsible for arranging and paying the costs to the person doing the transcribing. Usually, the transcriptionist will contact you about arrangements for payment before providing you the transcript. OAC does not regulate the charges by persons transcribing the audio recordings. Section 8-43-213(2) only regulates the charges by hearing reporters. OAC no longer has hearing reporters, although the parties are always free to hire their own court reporters and be responsible for paying the charges as agreed upon with those court reporters.
How long will it take to get a transcript? Transcripts must be prepared within 25 working days after the request (approximately five calendar weeks). The transcriptionist or a party may request that an extension of time be granted by a judge.
I have received my transcript, but I did not receive a Notice and Briefing Schedule. Why not? Once a transcript has been prepared, the court reporter or transcriptionist files the original transcript with the Office of Administrative Courts to be lodged in the hearing file. If the request was part of a Petition to Review, OAC staff will draft and issue a Notice and Briefing Schedule within three working days of receipt of the transcript. Please allow time for processing and mailing before inquiring about your Notice and Briefing Schedule. If more than seven days have passed since you received the transcript, and you have not received a Notice and Briefing Schedule, please contact the office nearest to where the hearing occurred.
I have received my transcript, but it contains "inaudibles" or other errors that affect the meaning of the testimony. What can I do? You may file a motion seeking to correct the transcript. This procedure is found in Rule 10, (c) (d), or (e), Colorado Appellate Rules.
How do I cancel a transcript request? Transcript request cancellations should be sent in writing to the appropriate OAC office. A motion is not required to cancel the request. You should also contact the transcriptionist.
Are the hearings and records in my case confidential? Workers' compensation hearings are open to the public, but workers' compensation files are not open to the public. If a hearing or record that normally would be open to the public contains sensitive or personal information (such as medical records) a party can ask the judge to close the hearing to the public.