After all briefs are received, at least two ICAP judges will review the record and determine whether the Hearing Officer's Decision is correct, incorrect, or whether an additional hearing or findings are necessary. If an additional hearing is ordered, the case is sent back to a Hearing Officer to conduct the hearing.
ICAP will issue a written decision (Panel Order or Final Order) based on a review of the record. This decision may affirm, modify or reverse the Hearing Officer's Decision. Occasionally, we may remand (send back) the case to the Hearing Officer, and another hearing may be scheduled to gather new evidence.
A copy of the written decision will be mailed to all of the parties as promptly as possible. It is difficult to state how long it will take to issue the decision because this depends on the number of appeals pending and the complexity of the issues in each appeal. However, most decisions are issued within 45 days of the date ICAP receives the appeal.
Industrial Claim Appeals Office (ICAO) is the final administrative review authority. If you are not satisfied with the Panel's Final Order issued by us, you may appeal to the Colorado Court of Appeals. The appeal must be received by the Colorado Court of Appeals within 21 calendar days from the date the Panel's Final Order was mailed. The mailing date appears on the last page of the Panel's Final Order.Not all ICAP orders are final. Final Orders typically state the order is "Final" and include appeal instructions in a NOTICE that is included at the end of the Final Order.
The Court of Appeals ordinarily cannot change any of the Hearing Officer's factual findings, nor can it consider any new facts or documents.