reglab/housing_qa huggingface dataset:
CO Code § 8-42-109 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 42 - Benefits|§ 8-42-109. Added Compensation for Additional Injuries

 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 amounts specified in said schedule, compensation for temporary total disability as long as said disability is found to exist as a result of said other injuries.   History. Source: L. 90: Entire article R&RE, p. 493, § 1, effective July 1.    Editor's note:   This section is similar to former § 8-51-109 as it existed prior to 1990.   ANNOTATION   Annotator's note. Since § 8-42-109 is similar to § 8-51-109 as it existed prior to the 1990 repeal and reenactment of the “Workers' Compensation Act of Colorado”, articles 40 to 47 of this title, relevant cases construing that provision have been included in the annotations to this section.   Applied in Employers' Mut. Ins. Co v. Indus. Comm'n, 89 Colo. 475 , 3 P.2d 1079 (1935); Indus. Comm'n v. Saffeels, 150 Colo. 41 , 371 P.2d 438 (1962).
CO Code § 8-42-112.5 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 42 - Benefits|§ 8-42-112.5. Limitation on Payments - Use of Controlled Substances

  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 prescribed or of a blood alcohol level at or above 0.10 percent, or at or above an applicable lower level as set forth by federal statute or regulation, as evidenced by a forensic drug or alcohol test conducted by a medical facility or laboratory licensed or certified to conduct such tests. A duplicate sample from any test conducted must be preserved and made available to the worker for purposes of a second test to be conducted at the worker's expense. If the test indicates the presence of such substances or of alcohol at such level, it is presumed that the employee was intoxicated and that the injury was due to the intoxication. This presumption may be overcome by clear and convincing evidence.    As used in this section, “nonmedical benefits” means all benefits provided for in articles 40 to 47 of this title other than disbursements for medical, surgical, nursing, and hospital services, apparatus, and supplies.     History. Source: L. 99: Entire section added, p. 580, § 1, effective July 1. L. 2012: (1) amended,(HB 12-1311), ch. 281, p. 1608, § 7, effective July 1.    ANNOTATION   A second sample must be preserved in order to reduce nonmedical benefits by fifty percent. SkyWest v. Indus. Claim Appeals Office, 2020 COA 131 , __ P.3d __.
CO Code § 8-42-118 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 42 - Benefits|§ 8-42-118. Applicability of Repeal of Death Benefits to Nonresident Dependents

 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.   History. Source: L. 90: Entire article R&RE, p. 496, § 1, effective July 1.    Editor's note:   This section is similar to former § 8-50-114.1 as it existed prior to 1990.
CO Code § 8-42-121 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 42 - Benefits|§ 8-42-121. Director to Determine and Apportion Benefits

 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 deem just and equitable. Payment to a dependent subsequent in right may be made, if the director deems it proper, which payment shall operate to discharge all other claims therefor. The dependents or persons to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support in compliance with the finding and direction of the director.   History. Source: L. 90: Entire article R&RE, p. 497, § 1, effective July 1.    Editor's note:   This section is similar to former § 8-50-115 as it existed prior to 1990.   ANNOTATION   Annotator's note. (1) Since § 8-42-121 is similar to § 8-50-115 as it existed prior to the 1990 repeal and reenactment of the “Workers' Compensation Act of Colorado”, articles 40 to 47 of this title, relevant cases construing that provision have been included in the annotations to this section.   (2) Cases included in the annotations to this section which refer to the industrial commission were decided prior to the 1969 amendment which vested the director of the division of labor instead of the industrial commission with the power to determine and apportion benefits.   No specific provision of this article prescribes an equal apportionment among dependents. It does not follow from the language of former § 8-50-101 , “conclusively presumed to be wholly dependent”, when read in conjunction with this section, that all such dependents must, as a matter of law, be treated on an equal basis. To so conclude would be to ignore the express provisions of this section. Spoo v. Spoo, 145 Colo. 268 , 358 P.2d 870 (1961).   For it was the intent of the general assembly to vest the commission with some apportioning power, first among those claiming to be dependents whose status depends upon proof of their dependency, and second, those dependents whose status is fixed by statute. Spoo v. Spoo, 145 Colo. 268 , 358 P.2d 870 (1961).   However, an inequitable award is not in accord with the requirements of this section which limits the discretion of the commission to that which is just and equitable. Spoo v. Spoo, 145 Colo. 268 , 358 P.2d 870 (1961).   Applied in Indus. Comm'n v. Employers' Liab. Assurance Corp., 169 Colo. 396 , 456 P.2d 739 (1969).
CO Code § 8-42-122 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 42 - Benefits|§ 8-42-122. Minor Dependents - Safeguarding Payments

 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 the director deems incapable of fully protecting their own interests, may deposit the payments in any type of account in state or national banks insured by the federal deposit insurance corporation or its successor, savings and loan associations that are insured by the federal deposit insurance corporation or its successor, or credit unions that are insured by the national credit union share insurance fund and may otherwise provide for the manner and method of safeguarding the payments due such dependents in such manner as the director sees fit.   History. Source: L. 90: Entire article R&RE, p. 497, § 1, effective July 1. L. 2004: Entire section amended, p. 148, § 50, effective July 1.    Editor's note:   This section is similar to former § 8-50-116 as it existed prior to 1990.   ANNOTATION   Annotator's note. (1) Since § 8-41-205 is similar to § 8-51-113 as it existed prior to the 1990 repeal and reenactment of the “Workers' Compensation Act of Colorado”, articles 40 to 47 of this title, relevant cases construing that provision have been included in the annotations to this section.   (2) Cases included in the annotations to this section which refer to the industrial commission were decided prior to the 1969 amendment which vested the director of the division of labor instead of the industrial commission with the power to safeguard payments to minor children.   The industrial commission has the power to prevent the diversion of the money awarded to the children by their mother to her personal uses, or to the use of her children by her second marriage. Spoo v. Spoo, 145 Colo. 268 , 358 P.2d 870 (1961).   Applied in Truitt v. Indus. Comm'n, 31 Colo. App. 166, 499 P.2d 623 (1972).
CO Code § 8-42-123 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 42 - Benefits|§ 8-42-123. Burial Expenses

 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 seven thousand dollars for reasonable funeral and burial expenses. Said sum may be paid to the undertaker, cemetery, or any other person who has paid the funeral and burial costs, if the director so orders. If the employee leaves no dependents, compensation shall be limited to said sum and the compensation, if any, which has accrued to date of death and the medical, surgical, and hospital expenses provided in articles 40 to 47 of this title. If the deceased employee leaves dependents, said sum shall be paid in addition to all other sums of compensation provided for in this article.   History. Source: L. 90: Entire article R&RE, p. 497, § 1, effective July 1. L. 91: Entire section amended, p. 1313, § 20, effective July 1. L. 2000: Entire section amended, p. 431, § 1, effective April 17.    Editor's note:   This section is similar to former § 8-50-107 as it existed prior to 1990.
CO Code § 8-42-125 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 42 - Benefits|§ 8-42-125. Data Gathering on Workers' Compensation System

 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 information shall work solely at the unanimous direction of the governor and the opposition leadership. Issues or topics that will be subject to the information gathering process shall be determined by unanimous decision of the governor and the opposition leadership. The contractor for the gathering of the information shall have complete access to all records of and files in the division of workers' compensation and the office of administrative courts. Such contractor shall guarantee that any information gathered on any individual shall be kept confidential.   History. Source: L. 94: Entire section added, p. 2003, § 6, effective July 1. L. 2005: Entire section amended, p. 853, § 9, effective June 1.
CO Code § 8-42-126 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 42 - Benefits|§ 8-42-126. Monetary Benefits and Penalties - Timely Payment - Determination of Date Deemed Paid

 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 injured worker are deemed paid on the date the payment is received by or delivered to the intended payee; except that payment delivery attempted through the United States postal service is deemed paid three days after the date of the postmark if the payment is addressed to the payee's last-known address reported to the division and postmarked at least three business days before the date the payment is due.   History. Source: L. 2021: Entire section added,(HB 21-1050), ch. 384, p. 2572, § 6, effective September 7.    Editor's note:   Section 13(2)(a) of chapter 384 (HB 21-1050), Session Laws of Colorado 2021, provides that the act adding this section applies to workers' compensation claims pending or filed on or after September 7, 2021.
CO Code § 8-45-105 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 45 - Pinnacol Assurance|§ 8-45-105. Places of Employment Classified - Amount of Premiums

  The board may classify the places of employment of employers insured by Pinnacol Assurance into classes in accordance with the nature of the business in which they are engaged and the probable hazard or risk of injury to their employees. It shall determine the amount of the premiums that such employers shall pay to Pinnacol Assurance, and may prescribe in what manner such premiums shall be paid, and may change the amount thereof both in respect to any or all of such employers as circumstances may require, and the condition of their respective plants, establishments, or places of work in respect to the safety of their employees may justify. All such premiums shall be levied on a basis that shall be fair, equitable, and just as among such employers.    (Deleted by amendment,L. 2002, p. 1871, § 5, effective July 1, 2002.)     History. Source: L. 90: Entire article R&RE, p. 535, § 1, effective July 1. L. 2002: Entire section amended, p. 1871, § 5, effective July 1.    Editor's note:   This section is similar to former § 8-54-107 as it existed prior to 1990.
CO Code § 8-45-106 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 45 - Pinnacol Assurance|§ 8-45-106. Insurance at Cost - Board May Impose Surcharges

  It is the duty of the board, in the exercise of the powers and discretion conferred upon it by articles 40 to 47 of this title, ultimately to fix and maintain, for each class of occupation, the lowest possible rates of premium consistent with the maintenance of a solvent Pinnacol Assurance fund, and the creation and maintenance of a reasonable surplus after the payment of legitimate claims for injury and death, that may be authorized to be paid from the Pinnacol Assurance fund for the benefit of injured and dependents of killed employees.    The board may impose a premium surcharge, not to exceed an additional fifty percent, for up to twelve continuous months, as a condition precedent to insure or reinsure an employer whose policy was canceled or terminated by any insurer for reasons of fraud or intentional misrepresentation of a material fact; except that, if an employer disputes the imposition of such surcharge, the employer may make a complaint to the commissioner of insurance. If the commissioner of insurance determines that the board, in imposing a premium surcharge, has engaged in any conduct in violation of part 11 of article 3 of title 10, C.R.S., the commissioner may take any action the commissioner deems appropriate and authorized by law.     History. Source: L. 90: Entire article R&RE, p. 536, § 1, effective July 1. L. 97: Entire section amended, p. 936, § 2, effective May 21. L. 2002: (1) amended, p. 1872, § 6, effective July 1.    Editor's note:   This section is similar to former § 8-54-109 as it existed prior to 1990.
CO Code § 8-45-107 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 45 - Pinnacol Assurance|§ 8-45-107. Basis of Rates - Reserve - Surplus

  The rates shall be the percentage of the payroll of any employer that, on the average, shall produce a sufficient sum to:   Carry all claims to maturity such that the rates shall be based upon the reserve and not upon the assessment plan;    Produce a reasonable surplus as provided in articles 40 to 47 of this title, cover the catastrophe hazard, and ensure the payment to employees and their dependents of the compensation provided in said articles.       In determining the amount of reserve to be laid aside to meet deferred payments according to awards, such reserve may be ascertained by finding the present worth of such deferred medical and indemnity payments calculated at a rate of interest not higher than six percent per annum, and such calculations of disability indemnity benefits shall be made according to a table of mortality not lower than the American experience table of mortality and, in the discretion of the board, by such other and further methods as will result in the establishment of adequate reserves.    The amounts raised for the Pinnacol Assurance fund shall ultimately become neither more nor less than necessary to make the fund self-supporting, which includes the attainment and maintenance of an adequate surplus as determined in accordance with section 8-45-111, and the premiums or rates levied for such purpose shall be subject to readjustment from time to time by the board as may become necessary.     History. Source: L. 90: Entire article R&RE, p. 536, § 1, effective July 1. L. 91: (3) amended, p. 1362, § 2, effective July 1. L. 2002: Entire section amended, p. 1872, § 7, effective July 1.    Editor's note:   This section is similar to former § 8-54-110 as it existed prior to 1990.
CO Code § 8-45-111 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 45 - Pinnacol Assurance|§ 8-45-111. Portions of Premiums Paid Carried to Surplus

 The board shall set aside such proportion as it may deem necessary of the earned premiums paid into the Pinnacol Assurance fund, as a contribution to the surplus of the fund.   History. Source: L. 90: Entire article R&RE, p. 537, § 1, effective July 1. L. 97: Entire section amended, p. 936, § 3, effective May 21. L. 2002: Entire section amended, p. 1873, § 10, effective July 1. L. 2003: Entire section amended, p. 2201, § 4, effective July 1. L. 2010: Entire section amended,(HB 10-1220), ch. 197, p. 854, § 15, effective July 1.    Editor's note:   This section is similar to former § 8-54-112 as it existed prior to 1990.
CO Code § 8-45-112 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 45 - Pinnacol Assurance|§ 8-45-112. Amendment of Rates - Distribution to Policyholders

 The board may amend at any time the rates for any class. No contract of insurance between Pinnacol Assurance and any employer shall be in effect until a policy or binder has been actually issued by the board and the premium therefor paid as and when required by this article. Not less often than once a year the chief executive officer shall tabulate the earned premiums paid by policyholders of Pinnacol Assurance. Should the experience of the Pinnacol Assurance fund show a credit balance and after payment of all amounts that have fallen due because of operating expenses, injury, or death, and after setting aside proper reserves, the board shall distribute such credit balance to the policyholders who have a balance to their credit in proportion to the premium paid and losses incurred by each such policyholder during the preceding insurance period. In the event any such policyholder fails to renew a policy with Pinnacol Assurance for the period following the period in which said dividends were earned, said policyholder shall be entitled to said credit dividend if such policy is terminated in good standing. In the event an employer actually discontinues business, said employer's policy shall be canceled, and the dividend, if any, when ascertained, shall be returned to the employer.   History. Source: L. 90: Entire article R&RE, p. 537, § 1, effective July 1. L. 2002: Entire section amended, p. 1873, § 11, effective July 1.    Editor's note:   This section is similar to former § 8-54-113 as it existed prior to 1990.
CO Code § 8-45-113 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 45 - Pinnacol Assurance|§ 8-45-113. New Policies Issued - When

 Pinnacol Assurance shall not be required to issue a new policy of insurance to an employer until all moneys due Pinnacol Assurance have been paid, all premiums have been paid on all canceled policies, and the employer has complied with all provisions of such canceled policies.   History. Source: L. 90: Entire article R&RE, p. 537, § 1, effective July 1. L. 93: Entire section amended, p. 61, § 1, effective March 22. L. 95: Entire section amended, p. 63, § 1, effective March 23. L. 97: (1)(c) added, p. 936, § 4, effective May 21. L. 2002: Entire section R&RE, p. 1874, § 12, effective July 1.    Editor's note:   This section is similar to former § 8-54-114 as it existed prior to 1990.   ANNOTATION   Annotator's note. Since § 8-45-113 is similar to § 8-45-113 as it existed prior its 2002 repeal and reenactment and to § 8-54-114 as it existed prior to the 1990 repeal and reenactment of the “Workers' Compensation Act of Colorado”, articles 40 to 47 of this title, relevant cases construing those provisions have been included in the annotations to this section.   The state fund is authorized to cancel a policy, without notice and as of its effective date, if the employer's payment therefor is in arrears for more than 20 days. Chevron Oil Co. v. Indus. Comm'n, 169 Colo. 336 , 456 P.2d 735 (1969).   Method of cancellation not exclusive. Although a method of cancellation is provided by statute, unless it is manifestly all-inclusive, the statute, in specifying the instances under which a party to an insurance contract may cancel, does not make such cancellation the exclusive remedy, and it is not in derogation of other remedial rights which are recognized and implemented by other provisions of law. Dye Const. Co. v. Indus. Comm'n, 678 P.2d 1066 (Colo. App. 1983).   The term “any policy” in subsection (1) includes binders as well as formal policies. Coverage did not lapse because premium was paid within the 30-day grace period. Southeastern Colo. Homeless Center v. West, 843 P.2d 117 (Colo. App. 1992).
CO Code § 8-45-119 (2021)
2021 Colorado Code|Title 8 - Labor and Industry|Article 45 - Pinnacol Assurance|§ 8-45-119. State Treasurer to Give Separate Bond as Custodian

  The state treasurer shall give a separate and additional bond in such amount as may be fixed by the board with sureties to be approved by the governor, conditioned for the faithful performance of the state treasurer's duties as custodian of the Pinnacol Assurance fund, and as custodian of all the bonds, warrants, investments, and moneys of, or belonging to, said Pinnacol Assurance fund, subject to all provisions of law governing bonds of the state treasurer. The premium on said bond shall be paid out of the earnings of the Pinnacol Assurance fund.    The state treasurer shall give a separate and additional bond in such amount as may be fixed by the executive director of the department of labor and employment with sureties to be approved by the governor, conditioned for the faithful performance of the state treasurer's duties as custodian of the funds under the jurisdiction of the director of the division of workers' compensation, and as custodian of all the bonds, warrants, investments, and moneys of, or belonging to, the funds under the jurisdiction of the director of the division of workers' compensation, subject to all provisions of law governing bonds of the state treasurer. The premium on said bond shall be paid out of the earnings of the funds under the jurisdiction of the director of the division of workers' compensation on a pro rata basis.     History. Source: L. 90: Entire article R&RE, p. 540, § 1, effective July 1. L. 2002: (1) amended, p. 1877, § 18, effective July 1.    Editor's note:   This section is similar to former § 8-54-123 as it existed prior to 1990.