Garrett V. Arrowhead Improvement Association

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 ("ALJ") 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 failure to furnish the claimant with a copy of a doctor's report, as required by regulation. The Colorado Court of Appeals affirmed the Panel's order by a divided vote. Garrett v. Arrowhead Improvement Ass'n, 815 P.2d 979 (Colo. App. 1991). We granted certiorari and now reverse and remand for further proceedings.