CO Code § 31-31-806 (2021)
2021 Colorado Code|Title 31 - Government - Municipal|Article 31 - Fire - Police - New Hire Pension Plans|Part 8 - Disability and Survivor Benefits|§ 31-31-806. Disqualification Upon Reemployment

 If, subsequent to disability benefits being awarded to a member pursuant to the provisions of section 31-31-803 or 31-31-806.5 , but prior to a decision of the board that an occupational disability ceases to exist pursuant to section 31-31-805 (2) , a member is employed or reemployed in this state or any other jurisdiction, pursuant to either an agreement or court order, in a full-time salaried position that normally involves working at least one thousand six hundred hours in any given calendar year and the duties of which are directly involved with the provision of police or fire protection as determined by the board, the benefits provided pursuant to section 31-31-803 shall be discontinued. Any application for retirement for disability made by the member after such appointment or reinstatement shall be treated in all respects as a new application. The five-year limitation on investigations contained in section 31-31-803 (4)(b) shall not be applicable to the enforcement of this section.   History. Source: L. 96: Entire article added with relocations, p. 932, § 1, effective May 23; entire section amended, p. 318, § 7, effective November 17. L. 2002: Entire section amended, p. 181, § 8, effective October 1.    Editor's note:   This section was formerly numbered as § 31-30-1007 (3.5).   ANNOTATION   Annotator's note. Since § 31-31-806 is similar to § 31-30-1007 as it existed prior to the 1996 amendment that relocated parts 3 through 10 of article 30, a relevant case construing the provisions of that section has been included in the annotations to this section.   This statute, as amended, provides an alternative remedy for determining a claimant's continuing eligibility for occupational disability benefits and is remedial in nature. Kilbourn v. Fire and Police Pension Ass'n, 971 P.2d 284 (Colo. App. 1998).   Full-time employment as a fire chief precludes a firefighter from collecting occupational disability benefits because the position of fire chief directly involves “the provision of . . . fire protection” under this section. Dolan v. Fire & Police Pension Ass'n, 2017 COA 55 , 413 P.3d 279.   It is not necessary to be involved in “hands-on” firefighting or medical care to be directly involved in the provision of fire protection. Working in a command capacity at the scenes of fires and accidents applies when determining eligibility for disability benefits. Dolan v. Fire & Police Pension Ass'n, 2017 COA 55 , 413 P.3d 279.   District court or reviewing court should not substitute its own judgment as to the weight of the evidence for that of the board. Ross v. Fire & Police Pension Ass'n, 682 P.2d 496 (Colo. App. 1984), aff'd, 713 P.2d 1304 (Colo. 1986).   Statute provides that board is not bound by physicians' determinations on whether disability exists and, therefore, board did not abuse its discretion in denying disability application even through two of the reexamining physicians found the applicant to have a disability. Ross v. Fire & Police Pension Ass'n, 682 P.2d 496 (Colo. App. 1984), aff'd on other grounds, 713 P.2d 1304 (Colo. 1986).   Eligibility of plaintiff for occupational disability benefits where medical opinions of physicians panels conflicted was a question for the board to determine and, since competent evidence supported board's denial of benefits, court of appeals was correct in reinstating board's decision. Ross v. Fire & Police Pension Ass'n, 713 P.2d 1304 (Colo. 1986).