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Colorado court limits reopening of disputed comp claims - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Colorado court limits reopening of disputed comp claims by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Sep 21, 2026 A Colorado appeals court ruled Thursday that a worker whose compensation claim was closed for failure to prosecute cannot reopen it based on a worsening condition unless the injury had been accepted or determined to be compensable before the claim closed. Addressing a question of first impression in Murillo v. Industrial Claim Appeals Office , a unanimous three-judge panel of the Colorado Court of Appeals upheld an Industrial Claim Appeals Office order denying a hotel housekeeper’s petition to reopen her claim and setting aside an award of medical benefits. The Sept. 17 decision involved Lusia Murillo, who alleged she injured her lower back while working for the Ritz-Carlton Bachelor Gulch. The hotel and its insurer, AIU Insurance, denied liability. Six months later, the employer sought to close the claim, saying Ms. Murillo had taken no action since filing it. The state workers compensation director issued an order giving her 30 days to explain why the claim should remain open. She did not respond, and the claim closed automatically. Ms. Murillo petitioned to reopen the claim a few months later, arguing that her condition had worsened. She testified that her back pain had increased and that she was taking over-the-counter medication to manage it. An administrative law judge reopened the claim and subsequently awarded medical benefits for treatment that included physical therapy, X-rays and an MRI. The Industrial Claim Appeals Office set aside both orders, prompting Ms. Murillo’s appeal. The appeals court said reopening a claim based on a change in condition requires a connection to an original compensable injury. Because the employer had contested liability and compensability had not been established before closure, Ms. Murillo could not use worsening symptoms to reopen the claim and litigate that issue for the first time. Allowing that approach would undermine provisions permitting inactive claims to be closed, the court said. The court emphasized that other grounds for reopening remained available. Ms. Murillo could have sought to establish compensability by showing that the claim had closed because of fraud, error or mistake, but she relied solely on a change in condition. The panel also rejected her argument that the six-month inactivity provision effectively shortened Colorado’s two-year deadline for filing a workers compensation claim. The filing deadline and the obligation to pursue a claim after filing address separate requirements, the court said. 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