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WHITESIDE v. SMITH

No. 01SA399.

67 P.3d 1240 (2003)

Mary Ann WHITESIDE, in her official capacity as Director of the Division of Workers' Compensation, State of Colorado; and Dona Halsey, David Cain, Kathy E. Dean, Bill Whitacre, and Robert Socolofsky, in their official capacities as Examiners of the Industrial Claim Appeals Office, Department of Labor and Employment, State of Colorado, Defendants-Appellants, v. Marvin SMITH, individually and on behalf of all other persons similarly situated, Plaintiff-Appellee.

Supreme Court of Colorado, En Banc.

April 7, 2003.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, John D. Baird, First Assistant Attorney General, Eric Rothaus, Assistant Attorney General, State Services Section, Denver, Colorado, Attorneys for Defendants-Appellants.

Wilcox & Ogden P.C., Ralph Ogden, Goldstein & Dodge, Shelley P. Dodge, Denver, Colorado, Attorneys for Plaintiff-Appellee.

Justice BENDER delivered the Opinion of the Court.

I. INTRODUCTION

In this case, we determine the constitutionality of a fee requirement mandated by certain provisions of Colorado's Workers' Compensation Act and its implementing regulations. Under the pertinent statutory sections and implementing workers' compensation rule, before an injured worker can challenge the termination of his temporary disability benefits and medical treatment, he must pay a $675...

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