Certiorari to the Colorado Court of Appeals Court of Appeals
Case No. 15CA1210
Attorneys for Petitioner: Dean Neuwirth P.C.
Attorneys for Respondents: Lee Kinder, LLC Joshua D. Brown
Attorneys for Amicus Curiae Colorado Defense Lawyers
Association: University of Colorado Patrick T. O'Rourke
Donald A. Kaade
Attorneys for Amicus Curiae Colorado Department of Labor,
Division of Workers' Compensation: Cynthia H. Coffman,
Attorney General Emmy A. Langley, Assistant Attorney General
Attorneys for Amicus Curiae Colorado Trial Lawyers
Association: Ogborn Mihm, LLP Thomas Neville
Attorneys for Amicus Curiae Colorado Workers'
Compensation Education Association: Burg Simpson Eldredge
Hersh & Jardine, P.C. John M. Connell
Attorney for Amicus Curiae Pinnacol Assurance: Harvey D.
JUSTICE HOOD and JUSTICE GABRIEL do not participate.
¶1 This case requires us to determine whether a
provision of the mandatory form settlement document
promulgated by the Director of the Division of Workers'
Compensation ("Director") waives an injured
employee's statutory right under section 8-43-204(1),
C.R.S. (2016), to reopen a settlement based on a mutual
mistake of material fact. We hold that it does not because
provisions of the form document must yield to statutory
rights. Accordingly, we reverse the judgment of the court of
appeals and remand for further proceedings consistent with
Facts and Procedural History
Petitioner Victor England was a truck driver for Amerigas
Propane ("Amerigas"). He filed a workers'
compensation claim after sustaining a serious injury to his
shoulder in December 2012 while making a delivery for
Amerigas. England underwent two surgeries in the first half
of 2013 to repair his shoulder.
In July 2013, Amerigas's physician reported that England
should reach maximum medical improvement ("MMI") in
two or three months. England was still in pain after the
second surgery, but believing that the pain was part of the
recovery process and would subside as he healed, he agreed in