2021 Colorado Code
Title 8 - Labor and Industry
Article 43 - Procedure
Part 2 - Settlement and Hearing Procedures
§ 8-43-208. Investigations

1. For the purpose of making any investigation with regard to any matter contemplated by the provisions of articles 40 to 47 of this title, the director shall have power to appoint, with the approval of the executive director by an order in writing, any competent person as an agent whose duties shall be prescribed in such order.
2. (Deleted by amendment,L. 94, p. 1876, § 7, effective June 1, 1994.)
3. The director may conduct any number of such investigations contemporaneously through different agents.

History. Source: L. 90: Entire article R&RE, p. 505, § 1, effective July 1. L. 94: Entire section amended, p. 1876, § 7, effective June 1.

This section is similar to former § 8-46-107 as it existed prior to 1990.

Annotator's note. (1) Since § 8-43-205 is similar to § 8-46-107 as it existed prior to the 1990 repeal and reenactment of the “Workers' Compensation Act of Colorado”, articles 40 to 47 of this title, relevant cases construing that provision has been included in the annotations to this section.

(2) The case included in the annotations to this section which refers to the industrial commission was decided prior to the 1969 amendment which vested the director of the division of labor with the power previously exercised by the industrial commission to appoint agents for investigation purposes.

In a hearing before the industrial commission, a referee may not take judicial notice of extraneous, nonevidentiary matters. Indus. Comm'n v. Havens, 136 Colo. 111 , 314 P.2d 698 (1957).

And nothing in this section tends to indicate that the commission is bound by the findings of the referee grounded upon conflicting evidence. Warner v. Mullens, 111 Colo. 60 , 137 P.2d 420 (1943).

Nor is the commission, on reviewing an order or award of its referee, required to take further testimony, if it does not deem such a course necessary. Warner v. Mullens, 111 Colo. 60 , 137 P.2d 420 (1943).

This section does not limit the director's authority to act pursuant to § 8-43-201 . Cornerstone Partners v. Indus. Claim Appeals Office, 830 P.2d 1148 (Colo. App. 1992).

Verbal notice to supervisor and company physician of pain and suffering caused by prolonged standing and lifting was sufficient notification to employer to require compliance with § 8-53-102 . Jones v. Adolph Coors Col., 689 P.2d 681 (Colo. App. 1984).

Combined investigatory and adjudicatory functions. Any order purporting to combine investigatory and adjudicatory functions in a single referee would raise serious questions of propriety. Thompson v. Indus. Comm'n, 33 Colo. App. 369, 520 P.2d 139 (1974).

Extrajudicial visit to claimant's home improper. Absent any authorization for such an investigation, the referee acted in excess of his powers when he made an extrajudicial visit to claimant's home. Thompson v. Indus. Comm'n, 33 Colo. App. 369, 520 P.2d 139 (1974).