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Arenas v. Industrial Claim Appeals Office of the State of Colorado3/16/2000
nonfault character of compensation law, we perceive no compelling reason to refrain from creating another exception to the general rule that the withdrawal of an admission of liability must be granted prospectively. See Vargo v. Colorado Industrial Commission, 626 P.2d 1164 (Colo. App. 1981) (creating an exception so that admission of liability may be retroactively withdrawn where the claimant makes fraudulent misstatements regarding the specific injury for which benefits are claimed).
In creating this exception, we emphasize that even though the reduction may be imposed retroactively, safeguards remain to protect a claimant's right to benefits. An employer is required to continue payment pursuant to an admission of liability until a hearing is held to determine whether there is sufficient evidence to permit withdrawal of the admission, and may not unilaterally abrogate disability payments. Snyder v. Industrial Claim Appeals Office, 942 P.2d 1337 (Colo. App. 1997).
In sum, we conclude that the Panel erred in refusing to grant a modification effective as of the date of commencement of claimant's benefits.
The order of the Panel is affirmed as to the reduction in benefits, set aside as to that portion of the order denying the reduction retroactively, and the cause is remanded for a new order imposing the reduction as of November 1, 1997.
JUDGE PLANK and JUDGE DAVIDSON concur.
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