Garrett v. Arrowhead Improvement Ass'n

I

This case presents an issue concerning the timeliness of a claimant’s filing of a petition to reopen a workers’ compensation proceeding in order to seek additional disability benefit payments based on a worsened physical condition. An administrative law judge (“AU”) held claimant Gary M. Garrett’s petition to reopen time-barred by section 8-43-303(2)(a), 3B C.R.S. (1991 Supp.). An Industrial Claim Appeals Panel (“Panel”) affirmed, specifically rejecting the claimant’s arguments that the employer and insurer should be estopped to assert the bar of the statute of limitations because of their…