(1) No action, proceeding, or suit to set aside an industrial claim appeals panel's decision or to enjoin the enforcement thereof shall be brought unless the petitioning party has first complied with the review provisions of sections 8-74-104 and 8-74106.
Actions, proceedings, or suits to set aside, vacate, or amend any final decision of theindustrial claim appeals panel or to enjoin the enforcement thereof may be commenced in the court of appeals by any interested party, including the division. Such actions, proceedings, or suits shall be commenced by filing a notice of appeal in the court of appeals within twenty-one days of the mailing of the industrial claim appeals panel's decision, together with a certificate of service showing service of a copy of said notice of appeal on the division, the industrial claim appeals office, and all other parties who appeared in the administrative proceedings. The industrial claim appeals office, within twenty-one days after the service of the notice, shall make return to said court of all documents and papers on file in the matter, of all testimony taken therein, and of certified copies of all findings, orders, and awards, which return shall be deemed its answer to said petition. Such return of the industrial claim appeals office shall constitute the judgment roll in any such action, proceeding, or suit, and it shall not be necessary to settle a bill of exceptions in order to make such return part of the record of such court in such action, proceeding, or suit.
The industrial claim appeals panel may certify to the court of appeals questions oflaw involved in any of its decisions.
In judicial proceedings under this article, administrative findings as to the facts, ifsupported by substantial evidence and in the absence of fraud, shall be conclusive.
Actions, proceedings, and suits to review any final decision of the industrial claimappeals panel or questions certified to the court of appeals by such panel shall be heard in an expedited manner and shall be given precedence over all other civil cases, except cases arising under the "Workers' Compensation Act of Colorado", articles 40 to 47 of this title.
The industrial claim appeals panel's decision may be set aside only upon the following grounds:
That the industrial claim appeals panel acted without or in excess of its powers;
That the decision was procured by fraud;
That the findings of fact do not support the decision;(d) That the decision is erroneous as a matter of law.
Source: L. 76: Entire article R&RE, p. 357, § 1, effective October 1. L. 84: (2) amended, p. 318, § 8, effective July 1. L. 86: (1) to (5), IP(6), and (6)(a) amended, p. 492, § 96, effective July 1. L. 90: (5) amended, p. 557, § 11, effective July 1. L. 92: (2) amended, p. 1812, § 3, effective March 19. L. 2013: (2) amended, (HB 13-1126), ch. 58, p. 191, § 1, effective July 1.
Editor's note: This section is similar to former §§ 8-74-108 and 8-74-109 as they existed prior to 1976.