Rule 3.1 - Appeals from Industrial Claim Appeals Office(a) How Taken. Appeals from orders and awards of the Industrial Claim Appeals Office shall be in the manner and within the time prescribed by statute. On appeal from orders and awards entered upon review of cases determined by the Industrial Claim Appeals Office, the record of the proceedings shall be arranged in chronological order, with all duplicates omitted. The record shall be properly paginated and fully indexed and bound by the agency.(b) 14 days after return of the record, the appellant shall file an opening brief. Within 14 days after service of the opening brief, the appellee shall file an answer brief. Within 7 days after service of the answer brief, the appellant may file a reply brief. Briefs may be printed, typewritten, mimeographed, or otherwise reproduced in conformity with the provisions of C.A.R. 28.(c) Priority of Industrial Claim Appeals Office Cases. All appeals from the Industrial Claim Appeals Office shall have precedence over any civil cause of a different nature pending in said court, and the Court of Appeals shall always be deemed open for the determination thereof, and shall be determined by the Court of Appeals in the manner as provided for other appeals.(d) Contents of Notice of Appeal from the Industrial Claim Appeals Office Directly to the Court of Appeals. The notice of appeal shall set forth: (1) A caption that complies in form with C.A.R. 32. In the caption: (B) The party or parties initiating the appeal;(C) All others who have appeared as parties to the action before the agency; and(D) The agency case number.(2) A brief description of the nature of the case including: (A) A general statement of the nature of the controversy (not to exceed one page);(B) The order being appealed and a statement indicating the basis for the appellate court's jurisdiction;(C) Whether the order resolved all issues pending before the agency;(D) Whether the order is final for purposes of appeal; and(E) The date of the certificate of mailing of the final order.(3) An advisory listing of the issues to be raised on appeal;(4) The names of counsel for the parties, their addresses, telephone numbers, and registration numbers;(5) An appendix containing a copy of the order being appealed and the findings of the agency, if any; and(6) A certificate of service in compliance with C.A.R. 25 showing service of a copy of the notice of appeal (with attachments) on the Industrial Claim Appeals Office panel in workmen's compensation cases, and on the Division of Employment and Training in unemployment insurance cases, and on all other persons who have appeared as parties to the action before the agency.Source: Entire rule amended June 4, 1987, effective 1/1/1988; IPd1 amended June 1, 2000, effective 7/1/2000; b amended and adopted December 14, 2011, effective 1/1/2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b; amended and adopted by the Court, En Banc, March 23, 2023, effective 3/23/2023. Annotation Procedural requirements mandatory and jurisdictional. The procedural requirements for obtaining administrative or appellate review of the commission's orders are mandatory and jurisdictional. Hildreth v. Dir. of Div. of Labor, 30 Colo. App. 415, 497 P.2d 350 (1972). One seeking to exercise a statutory right of review or appeal must follow and comply with the procedures prescribed, and failure to do so deprives the court of jurisdiction. Trujillo v. Indus. Comm'n, 31 Colo. App. 297, 501 P.2d 1344 (1972). There is no authority for the filing of notice of appeal in proceedings in the appellate court for review of final orders of the industrial commission; therefore, such notice is inoperative for any purpose and, being a nullity, does not extend the time prescribed for commencing the review. Trujillo v. Indus. Comm'n, 31 Colo. App. 297, 501 P.2d 1344 (1972). With respect to the service of process requirement of § 8-53-119(3), (now § 8-43-307) service upon the attorney general constitutes service upon industrial commission (now industrial claim appeals office). Butkovich v. Indus. Comm'n, 723 P.2d 1306 (Colo. 1985). No damages may be awarded under this section as a sanction for a frivolous review petition. Haynes v. Interior Investments, 725 P.2d 100 (Colo. App. 1986). Notice of appeal sufficient to satisfy requirements of § 8-53-119 (now § 8-43-307) and to invoke the jurisdiction of the Court of Appeals where the document complied with the requirements of this rule and of that section but merely failed to bear the caption "Petition for Review". Hawkins v. State Comp. Ins. Authority, 790 P.2d 893 (Colo. App. 1990).
For statutory provision relating to appellate review of workers' compensation decisions, see part 3 of article 43 of title 8, C.R.S.