Title 8, Labor and Industry
0 chapters · 874 sections in this title.
Colo. Rev. Stat. § 8-42-101 Employer must furnish medical aid - approval of plan - fee schedule - contracting for treatment - no recovery from employee - medical treatment guidelines - accreditation of physicians and other medical providers - mental health provider qualifications - mileage reimbursement - rules - definitions - repeal
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(1) (a) (I) Every employer, regardless of the employer’s method of insurance, shall furnish medical, surgical, dental, nursing, and hospital treatment; medical, hospital, and surgical supplies; crutches; apparatus; and guardian ad litem or conservator services as may reasonably b…
Colo. Rev. Stat. § 8-42-102 Basis of compensation - “wages” defined - average weekly wage - “at the time of injury” clarified
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(1) The average weekly wage of an injured employee shall be taken as the basis upon which to compute compensation payments. (2) Average weekly wages for the purpose of computing benefits provided in articles 40 to 47 of this title, except as provided in this section, shall be cal…
Colo. Rev. Stat. § 8-42-103 Disability indemnity payable as wages - period of disability
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(1) If the injury or occupational disease causes disability, a disability indemnity shall be payable as wages pursuant to section 8-42-105 (2)(a) subject to the following limitations: (a) If the period of disability does not last longer than three days from the day the employee l…
Colo. Rev. Stat. § 8-42-104 Effect of previous injury or compensation
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(1) The fact that an employee has suffered a previous disability or impairment or received compensation therefor shall not preclude compensation for a later injury or for death, but, in determining compensation benefits payable for the later injury or death, the employee's averag…
Colo. Rev. Stat. § 8-42-105 Temporary total disability - hearings
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(1) In case of temporary total disability of more than three regular working days' duration, the employee shall receive sixty-six and two-thirds percent of said employee's average weekly wages so long as such disability is total, not to exceed a maximum of ninety-one percent of t…
Colo. Rev. Stat. § 8-42-106 Temporary partial disability
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(1) In case of temporary partial disability, the employee shall receive sixty-six and two-thirds percent of the difference between the employee's average weekly wage at the time of the injury and the employee's average weekly wage during the continuance of the temporary partial d…
Colo. Rev. Stat. § 8-42-107 Permanent partial disability benefits - schedule - medical impairment benefits - how determined
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(1) Benefits available. (a) When an injury results in permanent medical impairment, and the employee has an injury or injuries enumerated in the schedule set forth in subsection (2) of this section, the employee shall be limited to medical impairment benefits as specified in subs…
Colo. Rev. Stat. § 8-42-107.2 Selection of independent medical examiner - procedure - time - allocation of costs - disclosures regarding physician relationships with insurers, self-insured employers, or claimants - rules - applicability
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(1) This section governs the selection of an independent medical examiner, also referred to in this section as an “IME”, to resolve disputes arising under section 8-42-107. (2) (a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), the time for selection…
Colo. Rev. Stat. § 8-42-107.5 Limits on temporary disability payments and permanent partial disability payments
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(1) A claimant whose impairment rating is nineteen percent or less may not receive more than one hundred eighty-five thousand dollars from combined temporary disability payments and permanent partial disability payments. A claimant whose impairment rating is greater than nineteen…
Colo. Rev. Stat. § 8-42-107.6 Premium dividend for employing injured employees
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The commissioner of insurance shall include within the premium dividends specified in rules and regulations promulgated pursuant to section 10-4-408 (5), C.R.S., a premium dividend of up to ten percent if an employer reemploys injured employees at their preinjury wages including …
Colo. Rev. Stat. § 8-42-108 Disfigurement - additional compensation
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(1) If an employee is seriously, permanently disfigured about the head, face, or parts of the body normally exposed to public view, in addition to all other compensation benefits provided in this article and except as provided in subsection (2) of this section, the director may a…
Colo. Rev. Stat. § 8-42-109 Added compensation for additional injuries
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Where an injured employee sustains an injury covered by sections 8-42-107, 8-42-108, and 8-46-101 but in addition thereto receives other injuries which are sufficient in their nature to alone cause temporary total disability, said employee shall receive, in addition to the amount…
Colo. Rev. Stat. § 8-42-110 Permanent partial disability - how determined. (Repealed)
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Source: L. 90: Entire article R&RE, p. 493, � 1, effective July 1. L. 91: Entire section repealed, p. 1312, � 18, effective July 1. Editor's note: (1) Before its repeal in 1991, this section was similar to former � 8-51-108 as it existed prior to 1990. (2) The current provisions …
Colo. Rev. Stat. § 8-42-111 Award for permanent total disability
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(1) In cases of permanent total disability, the award shall be sixty-six and two-thirds percent of the average weekly wages of the injured employee and shall continue until death of such person so totally disabled but not in excess of the weekly maximum benefits specified in this…
Colo. Rev. Stat. § 8-42-112 Acts of employees reducing compensation
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(1) The compensation provided for in articles 40 to 47 of this title shall be reduced fifty percent: (a) Where injury is caused by the willful failure of the employee to use safety devices provided by the employer; (b) Where injury results from the employee's willful failure to o…
Colo. Rev. Stat. § 8-42-112.5 Limitation on payments - use of controlled substances
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(1) Nonmedical benefits otherwise payable to an injured worker are reduced fifty percent where the injury results from the presence in the worker's system, during working hours, of controlled substances, as defined in section 18-18-102 (5), C.R.S., that are not medically prescrib…
Colo. Rev. Stat. § 8-42-113 Limitations on payments to prisoners - incentives to sheriffs and department of corrections
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(1) Notwithstanding any other provision of law to the contrary except as provided in subsection (4) of this section, any individual who is otherwise entitled to benefits under articles 40 to 47 of this title shall neither receive nor be entitled to such benefits for any week foll…
Colo. Rev. Stat. § 8-42-113.5 Recovery of overpayments - notice required
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(1) If a claimant has received an award for the payment of disability benefits or a death benefit under articles 40 to 47 of this title and also receives any payment, award, or entitlement to benefits under the federal old-age, survivors, and disability insurance act, an employer…
Colo. Rev. Stat. § 8-42-114 Death benefits
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In case of death, the dependents of the deceased entitled thereto shall receive as compensation or death benefits sixty-six and two-thirds percent of the deceased employee's average weekly wages, not to exceed a maximum of ninety-one percent of the state average weekly wage per w…
Colo. Rev. Stat. § 8-42-115 Death from injury - benefits
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(1) In case death proximately results from the injury, the benefits shall be in the amount and to the persons following: (a) If there are no dependents, compensation shall be limited to the expenses provided for medical, hospital, and funeral expense of the deceased, together wit…
Colo. Rev. Stat. § 8-42-116 When death not proximate result - benefits
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(1) If death occurs to an injured employee, other than as a proximate result of any injury, before disability indemnity ceases and the deceased leaves persons wholly dependent upon the deceased for support, death benefits shall be as follows: (a) Where the injury proximately caus…
Colo. Rev. Stat. § 8-42-117 Benefits to partial dependents
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(1) If death occurs to an injured employee, other than as a proximate result of the injury, before disability indemnity ceases and the deceased leaves persons partially dependent upon the deceased for support, death benefits shall be as follows: (a) Where the injury proximately c…
Colo. Rev. Stat. § 8-42-118 Applicability of repeal of death benefits to nonresident dependents
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The repeal of section 8-50-114, as said section existed prior to July 1, 1983, shall not affect the payments of death benefits which are being paid before July 1, 1983.
Colo. Rev. Stat. § 8-42-119 Partial dependents - compensation
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Partial dependents shall be entitled to receive only that portion of the benefits provided for those wholly dependent which the average amount of the wages regularly contributed by the deceased to such partial dependents at and for a reasonable time immediately prior to the injur…
Colo. Rev. Stat. § 8-42-120 Termination of right to benefits - definition
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(1) (a) Except as otherwise provided in subsection (1)(b) of this section, death benefits shall be paid to a dependent widow or widower for life or until remarriage, and, if there are no dependent children, as defined in section 8-41-501 (1)(b) and (1)(c), at the time of remarria…
Colo. Rev. Stat. § 8-42-121 Director to determine and apportion benefits
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Death benefits shall be paid to such one or more of the dependents of the decedent, for the benefit of all the dependents entitled to such compensation, as may be determined by the director, who may apportion the benefits among such dependents in such manner as the director may d…
Colo. Rev. Stat. § 8-42-122 Minor dependents - safeguarding payments
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In all cases of death where the dependents are minor children, it shall be sufficient for the surviving spouse or a friend to make application and claim on behalf of the minor children. The director, for the purpose of protecting the rights and interests of any dependents whom th…
Colo. Rev. Stat. § 8-42-123 Funeral and burial expenses
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(1) When, as a proximate result of an injury, death occurs to an injured employee, there shall be paid in one lump sum within thirty days after death a sum not to exceed twelve thousand five hundred dollars for funeral and burial expenses. Said sum may be paid to the person provi…
Colo. Rev. Stat. § 8-42-124 Assignability and exemption of claims - payment to employers - when
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(1) Except for amounts due under court-ordered support or for a judgment for a debt for fraudulently obtained public assistance, fraudulently obtained overpayments of public assistance, excess public assistance paid for which the recipient was ineligible, or overpayment of paid f…
Colo. Rev. Stat. § 8-42-125 Data gathering on workers' compensation system
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The governor and the leader of the opposing party in the house of representatives and the leader of the opposing party in the senate shall contract with a person or entity for obtaining information on the workers' compensation system. The person or entity gathering the informatio…
Colo. Rev. Stat. § 8-42-126 Monetary benefits and penalties - timely payment - determination of date deemed paid
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For the purposes of articles 40 to 47 of this title 8, rules promulgated pursuant to articles 40 to 47 of this title 8, and any orders of the division and office of administrative courts in the department of personnel, monetary benefits or penalties required to be paid to an inju…
Colo. Rev. Stat. § 8-42-127 Direct deposit
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If a claimant has voluntarily authorized direct deposit, the insurer or self-insured employer shall deposit all temporary disability benefits and permanent disability benefits due and payable to the claimant under this title 8 in an account designated by the claimant in any bank,…