Stating a Position
In all cases resulting in lost time in excess of three shifts or calendar days, permanent impairment, contraction of an occupational disease listed by rule, or death, the insurer must file a formal position statement denying liability for benefits (Notice of Contest) or admitting liability (Admission of Liability). The position statement must be filed within 20 days after the date the Employer’s First Report of Injury is filed or should have been filed with the Division. This includes situations where the First Report was filed with the Division in error.
- If a claim is established with the Division through a Worker’s Claim for Compensation or Dependents’ Notice and Claim for Compensation, the insurer, self-insured employer or non-insured employer is provided a copy of the claim by mail.
- In the case of a Worker’s or Dependents’ Claim, a position statement must be filed within 20 days after the Division mails a copy of the claim to the insurer and requests a position be stated.
- In all cases where a claim is denied, the carrier must establish the claim with the Division of Workers’ Compensation as well as a Notice of Contest (in the prescribed electronic format with a hard copy mailed to the claimant), to ensure the claimant is afforded access to dispute resolution options.
At the same time a position statement is mailed, the insurer must provide the claimant with a copy of the Claimant Brochure, developed by the Division of Workers’ Compensation, describing the claims process and informing the claimant of his or her rights.
Division of Workers' Compensation
633 17th Street, Suite 400
Denver, CO 80202
303-318-8700 (Metro Area)