Colorado § 8-47-104 - Orders and awards - technical objections.

§ 8-47-104. Orders and awards - technical objections.

Substantial compliance with the requirements of articles 40 to 47 of this title shall be sufficient to give effect to the orders or awards of the director or industrial claim appeals office, and they shall not be declared inoperative, illegal, or void for any omission of a technical nature in respect thereto.

Source: L. 90: Entire article R&RE, p. 552, § 1, effective July 1.

Editor's note: This section is similar to former § 8-46-106 as it existed prior to 1990.

ANNOTATION

Annotator's note. (1) Since § 8-47-104 is similar to § 8-46-106 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 have been included in the annotations to this section.

(2) Cases included in the annotations to this section which refer to the industrial commission were decided prior to the enactment of 1986 Senate Bill No. 12 which abolished said commission and transferred its powers, duties, and functions under this section to the industrial claim appeals office.

The failure of the commission to assign a claimant a separate filing number on his claim is a technicality which cannot affect the validity of the action of the commission under this section. Colo. Auto Body, Inc. v. Newton, 160 Colo. 113, 414 P.2d 480 (1966).

Despite conflict in evidence, director's award proper. Where claimant testified that he worked for an individual employer, and thereafter on cross-examination stated that he and his fellow employees worked for another employer, there being no explanation of the apparent conflict, the industrial commission is within its rights as a fact-finder, in holding, under the evidence before it, that claimant was employed by the individual defendant, and its award of compensation is proper. Indus. Comm'n v. Montgomery, 95 Colo. 467, 37 P.2d 532 (1934).