reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-312 - Court may remand case or order entry of award

Upon setting aside of any order, the court may recommit the controversy and remand the record in the case for further hearing or proceedings by the director, administrative law judge, or panel, or it may order entry of a proper award upon the findings as the nature of the case shall demand. In no event shall such order for award be for a greater amount of compensation than allowed by articles
40
to
47
of this title, or in any manner conflict with the provisions thereof.
L. 90: Entire article R&RE, p. 512, § 1, effective July 1.
This section is similar to former § 8-53-124 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-313 - Summary review by supreme court

Any affected party dissatisfied with the decision of the court of appeals may seek review by writ of certiorari in the supreme court. If the supreme court reviews the judgment of the court of appeals, such review shall be limited to a summary review of questions of law. Any such action shall be advanced upon the calendar of the supreme court, and a final decision shall be rendered within sixty days after the date the supreme court grants further appellate review. The director, an administrative law judge, the industrial claim appeals office, or any other aggrieved party shall not be required to file any undertaking or other security upon review by the supreme court.
L. 90: Entire article R&RE, p. 512, § 1, effective July 1. L. 91: Entire section amended, p. 1325, § 38, effective July 1. L. 94: Entire section amended, p. 1879, § 13, effective June 1.
This section is similar to former § 8-53-125 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-314 - Fees - costs - duty of district attorneys and attorney general

No fee shall be charged by the clerk of any court for the performance of any official service required by articles
40
to
47
of this title. On proceedings to review any order or award, costs as between the parties shall be allowed in the discretion of the court, but no costs shall be taxed against said director or industrial claim appeals office. In any action for the review of any order or award and upon any review thereof by the supreme court, it is the duty of the district attorney in the county wherein said action is pending, or of the attorney general if requested by the director or industrial claim appeals office, to appear on behalf of either or both, whether any other party defendant should have appeared or been represented in the action.
L. 90: Entire article R&RE, p. 512, § 1, effective July 1.
This section is similar to former § 8-53-126 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-315 - Witnesses and testimony - mileage - fees - costs

(1)
The director or any agent, deputy, or administrative law judge may issue subpoenas to compel the attendance of witnesses or parties and the production of books, papers, or records and to administer oaths. Any person who serves a subpoena shall receive the same fee as the sheriff. Each witness who is subpoenaed on behalf of the director and who appears in obedience thereto shall receive for attendance the fees and mileage provided for witnesses in civil cases in the district court, which are audited and paid from the state treasury in the same manner as other expenses are audited and paid, upon the presentation of a proper voucher approved by the director. The director has the discretion to assess the cost of attendance and mileage of witnesses subpoenaed by either party to any proceeding against another party to the proceeding when, in the director's judgment, the necessity of subpoenaing the witnesses arises out of the raising of any incompetent, irrelevant, or sham issues by the other party.
(2)
The director, an agent, deputy, or administrative law judge of the division, or an administrative law judge from the office of administrative courts, may, upon a showing of good cause, order the attendance at a hearing or deposition of any party, or of an officer, director, employee, or agent of any party, who is located in another state. A witness so ordered shall appear as indicated in the order or shall be available by telephone at the time and place set forth in the order.
(3)
If a party or an officer, director, employee, or agent of a party fails, in the absence of a reasonable excuse, to obey an order issued pursuant to subsection (2) of this section, the party, officer, director, employee, or agent is liable for penalties as specified in section
8-43-304(1)
.
L. 90: Entire article R&RE, p. 512, § 1, effective July 1. L. 91: Entire section amended, p. 1325, § 39, effective July 1. L. 2014: Entire section amended, (SB 14-191), ch. 316, p. 1373, § 6, effective July 1.
This section is similar to former § 8-53-127 as it existed prior to 1990.
For sheriff's fees, see § 30-1-104; for witness and mileage fees, see §§ 13-33-102 and 13-33-103.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-316 - Appearance by officer for closely held entity

An officer of a closely held entity as defined in section
13-1-127 (1)(a)
may appear on behalf of any such closely held entity, which has obtained coverage as required by articles
40
to
47
of this title 8 in proceedings authorized under the "Workers' Compensation Act of Colorado", articles
40
to
47
of this title 8, where the amount at issue does not exceed ten thousand dollars, except in proceedings before the industrial claim appeals office under this part 3, appeals to the court of appeals under section
8-43-307
, and summary reviews by the supreme court under section
8-43-313
.
Amended by 2017 Ch. 264, § 6, eff. 5/25/2017.
L. 91: Entire section added, p. 1285, § 2, effective April 14. L. 2017: Entire section amended, (SB 17-294), ch. 264, p. 1384, § 6, effective May 25.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-317 - Service of documents

All documents that are required to be exchanged under articles
40
to
47
of this title shall be transmitted or served in the same manner or by the same means to all required recipients.
L. 2010: Entire section added, (SB 10-163), ch. 66, p. 233, §6, effective March 31.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 3 - REVIEW PROCEDURES (§§ 8-43-301 — 8-43-318) › Section 8-43-318 - Remand of case or order - time limit for further proceedings consistent with ruling on appeal

If a case or order is appealed to the panel, the court of appeals, or the supreme court, and the case or order is remanded with directions, the director, administrative law judge, or panel, as the case may be, shall issue an order consistent with those directions within thirty days from receipt of the remand. The remanding tribunal has continuing jurisdiction to enforce the remand order.
L. 2014: Entire section added, (SB 14-191), ch. 316, p. 1374, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 4 - ENFORCEMENT AND PENALTIES (§§ 8-43-401 — 8-43-410) › Section 8-43-401 - District attorney or attorney of division to act for director or office - penalties for failure of insurer to pay benefits

(1)
Upon the request of the director or the industrial claim appeals office, the district attorney of any district or any attorney-at-law employed by the division shall institute and prosecute the necessary actions or proceedings for the enforcement of any of the provisions of articles
40
to
47
of this title, or any award or order of the director, an administrative law judge, or the industrial claim appeals office, or for the recovery of any money due to Pinnacol Assurance, or any penalty provided in said articles, and shall defend in like manner all suits, actions, or proceedings brought against the director, an administrative law judge, or the industrial claim appeals office.
(2)
(a)
After all appeals have been exhausted or in cases where there have been no appeals, all insurers and self-insured employers shall pay benefits within thirty days after any benefits are due. If any insurer or self-insured employer knowingly delays payment of medical benefits for more than thirty days or knowingly stops payments, such insurer or self-insured employer shall pay a penalty of eight percent of the amount of wrongfully withheld benefits; except that no penalty is due if the insurer or self-insured employer proves that the delay was the result of excusable neglect. If any insurer or self-insured employer willfully withholds permanent partial disability benefits within thirty days of when due, the insurer or self-insured employer shall pay a penalty to the division of ten percent of the amount of such benefits due. The penalties shall be apportioned, in whole or part, at the discretion of the director or administrative law judge, among the aggrieved party, the medical services provider, and the workers' compensation cash fund created in section
8-44-112(7)(a)
.
(b)
All money collected as penalties by the division pursuant to this subsection (2) shall be transmitted to the state treasurer, who shall credit it to the Colorado uninsured employer fund created in section
8-67-105
.
Amended by 2017 Ch. 317, § 6, eff. 7/1/2017.
L. 90: Entire article R&RE, p. 513, § 1, effective July 1. L. 91: Entire section amended, p. 1325, § 40, effective July 1. L. 94: (1) amended, p. 1879, § 14, effective June 1. L. 2002: (1) amended, p. 1883, § 32, effective July 1. L. 2010: (2)(a) amended, (SB 10 -012), ch. 287, p. 1340, § 2, effective August 11. L. 2012: (1) amended, (SB 12-110), ch. 158, p. 560, § 3, effective July 1. L. 2017: (2)(b) amended, (HB 17-1119), ch. 317, p. 1706, § 6, effective July 1.
This section is similar to former § 8-53-128 as it existed prior to 1990.
For Pinnacol Assurance and for the Pinnacol Assurance fund, see §§ 8-45-101 and 8-45-102 .
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 4 - ENFORCEMENT AND PENALTIES (§§ 8-43-401 — 8-43-410) › Section 8-43-401.5 - Financial incentives to deny or delay claim or medical care - prohibition - penalties

(1)
No insurer, employee or contractor of an insurer, self-insured employer, employee or contractor of a self-insured employer, health-care provider, or employee or contractor of a health-care provider treating an injured worker under the provisions of articles
40
to
47
of this title shall pay or receive any form of financial remuneration that is based on any of the following:
(a)
The number of days to maximum medical improvement;
(b)
The rate of claims approval or denial;
(c)
The number of medical procedures, diagnostic procedures, or treatment appointments approved; or
(d)
Any other criteria designed or intended to encourage a violation of any provision of articles
40
to
47
of this title.
(2)
(a)
Payment of remuneration in violation of this section constitutes an unfair act or practice in the business of insurance, and the insurer or self-insured employer who pays or directs the payment of the remuneration shall be subject to penalties in accordance with part 11 of article
3
of title
10
, C.R.S.
(b)
In addition to, or as an alternative to, any penalties imposed pursuant to paragraph (a) of this subsection (2), an insurer or self-insured employer who is found to have violated subsection (1) of this section may be subject to fines as determined by the director pursuant to section
8-43-304
(1.5).
(3)
Nothing in this section:
(a)
Restricts or limits the ability of a claims adjuster or employee or contracted claims personnel to investigate, detect, or prevent fraud; or
(b)
Limits the payment or receipt of financial incentives for any other lawful purpose.
L. 2010: Entire section added, (SB 10-011), ch. 302, p. 1432, §2, effective May 27.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 4 - ENFORCEMENT AND PENALTIES (§§ 8-43-401 — 8-43-410) › Section 8-43-402 - False statement - felony

If, for the purpose of obtaining an order, benefit, award, compensation, or payment pursuant to the provisions of articles 40 to 47 of this title 8, either for self-gain or for the benefit of any other person, anyone willfully makes a false statement or representation material to the claim, such person commits a class 6 felony and shall be punished as provided in section
18-1.3-401
, and forfeits all right to compensation under said articles upon conviction of the offense.
Amended by 2023 Ch. 298,§ 1, eff. 10/1/2023.
L. 90: Entire article R&RE, p. 513, § 1, effective July 1. L. 2002: Entire section amended, p. 1467, § 20, effective October 1.
This section is similar to former § 8-53-129 as it existed prior to 1990.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 4 - ENFORCEMENT AND PENALTIES (§§ 8-43-401 — 8-43-410) › Section 8-43-405 - Payment as discharge of liability - conflicting claims

Payment of death benefits to one or more dependents shall protect and discharge to that extent all compensation under articles
40
to
47
of this title unless and until any other person claiming to be a dependent has given the division notice of said person's claim and until the division has notified the employer or the employer's insurance carrier of such claim. In such case, the director or an administrative law judge shall determine the respective rights of said rival claimants, and thereafter such death benefits shall be paid to such dependents as the director or the administrative law judge may find so entitled under the provisions of said articles.
L. 90: Entire article R&RE, p. 515, § 1, effective July 1. L. 94: Entire section amended, p. 1880, § 15, effective June 1.
This section is similar to former § 8-50-117 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 4 - ENFORCEMENT AND PENALTIES (§§ 8-43-401 — 8-43-410) › Section 8-43-406 - Compensation in lump sum

(1)
At any time after six months have elapsed from the date of injury, the claimant may elect to take all or any part of the compensation awarded in a lump sum by sending written notice of the election and the amount of benefits requested to the carrier or the noninsured or self-insured employer. The carrier or self-insured employer shall file the calculation of the lump sum due and notice that the lump sum has been paid to the claimant within ten days after the election. When the claimant is unrepresented, the director shall calculate amounts to be paid based on the present worth of partial payments, considering interest at four percent per annum, and less a deduction for the contingency of death. The director shall make the method of calculation of lump sums available to all parties at all times, including posting the information on the division's website. Neither the director nor an administrative law judge shall in any way attempt to condition the lump sum payment on the claimant waiving the right to pursue permanent total disability benefits.
(2)
If a claimant who has been awarded compensation is the injured worker or the sole dependent of a deceased injured worker, the aggregate of all lump sums granted to the claimant must not exceed eighty thousand eight hundred sixty-eight dollars and ten cents.
(3)
If a claimant who has been awarded compensation is one of multiple dependents of a deceased injured worker, the aggregate of all lump sums granted to the claimant must be a proportionate share, as determined by the director or administrative law judge, of an amount not to exceed one hundred sixty-one thousand seven hundred thirty-four dollars and fifteen cents.
(4)
For injuries sustained on or after January 1, 2014, the director shall adjust the lump-sum limits set forth in subsections (2) and (3) of this section on July 1, 2014, and each July 1 thereafter, by the percentage of the adjustment made by the director to the state average weekly wage pursuant to section
8-47-106
. A claimant who has received compensation under this section is not entitled to any further compensation under this section related to the claim as a result of an adjustment by the director pursuant to this subsection (4).
L. 90: Entire article R&RE, p. 515, § 1, effective July 1. L. 91: (1) amended, p. 1352, § 6, effective May 29; (2) amended, p. 1326, § 41, effective July 1. L. 2007: Entire section amended, p. 1474, § 9, effective May 30. L. 2010: (1) amended, (SB 10 -187), ch. 310, p. 1459, § 8, effective July 1. L. 2014: (2) amended and (3) and (4) added, (SB 14-191), ch. 316, p. 1375, § 9, effective July 1.
This section is similar to former § 8-52-103 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 4 - ENFORCEMENT AND PENALTIES (§§ 8-43-401 — 8-43-410) › Section 8-43-407 - Election to waive vocational rehabilitation benefits and become subject to permanent partial disability provisions

In all cases arising under articles
40
to
47
of this title prior to July 1, 1987, the employee, the employer, and, if insured, the insurance carrier may elect, upon unanimous agreement, in writing to waive vocational rehabilitation which was awarded pursuant to section
8-49-101
as it existed prior to July 1, 1987, and become subject to the permanent partial disability provisions pursuant to section
8-42-110
, as said section existed prior to July 1, 1991. Such election shall be made in a form prescribed by the director and shall not affect payments made prior to the filing of such agreement. Failure to agree to the options available under the provisions of this section shall not be evidence of bad faith in any future litigation by either party.
L. 90: Entire article R&RE, p. 515, § 1, effective July 1. L. 92: Entire section amended, p. 2165, § 2, effective June 2.
This section is similar to former § 8-51-108.5 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 4 - ENFORCEMENT AND PENALTIES (§§ 8-43-401 — 8-43-410) › Section 8-43-410 - Right to compensation operates as lien - interest on award

(1)
The right of compensation granted by articles
40
to
47
of this title and any awards made thereunder shall have the same preference or lien without limit of amount against the assets of the employer or the employer's insurer or both as may be allowed by law for a claim for unpaid wages for labor.
(2)
Every employer or insurance carrier of an employer shall pay interest at the rate of eight percent per annum upon all sums not paid upon the date fixed by the award of the director or administrative law judge for the payment thereof or the date the employer or insurance carrier became aware of an injury, whichever date is later. Upon application and satisfactory showing to the director or administrative law judge of the valid reasons therefor, said director or administrative law judge, upon such terms or conditions as the director or administrative law judge may determine, may relieve such employer or insurer from the payment of interest after the date of the order therefor; and proof that payment of the amount fixed has been offered or tendered to the person designated by the award shall be such sufficient valid reason.
L. 90: Entire article R&RE, p. 517, § 1, effective July 1. L. 94: (2) amended, p. 1880, § 16, effective June 1.
This section is similar to former § 8-52-109 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 5 - UTILIZATION REVIEW PROCESS - INDEPENDENT MEDICAL EXAMINATIONS (§§ 8-43-501 — 8-43-503) › Section 8-43-503 - Utilization review of health-care providers

(1)
The general assembly hereby finds and determines that health-care providers that provide medical care or health-care services that are not reasonably necessary or not reasonably appropriate according to accepted professional standards should not be allowed to provide such services to workers' compensation claimants. The general assembly, therefore, hereby declares that the purpose of the utilization review process authorized in this section is to provide a mechanism to review medical care or health-care services rendered pursuant to this article that may not be reasonably necessary or reasonably appropriate according to accepted professional standards and to provide a mechanism to prevent such health-care providers from providing medical care or health-care services.
(2)
The provisions relating to the procedures for utilization review found in section
8-43-501(2), (3), (4), (5)(a), (5)(c), and (5)(d)
shall apply to utilization review under this section. A unanimous vote by the committee created in section
8-43-501(3)
shall be required for a recommendation to the director that a health-care provider not be allowed to provide medical care or health-care services to claimants.
(3)
Employers, insurers, claimants, or their representatives shall not dictate to any physician the type or duration of treatment or degree of physical impairment. Nothing in this subsection (3) shall be construed to abrogate any managed care or cost containment measures authorized in articles
40
to
47
of this title.
L. 94: Entire section added, p. 2003, § 7, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 6 - PROVIDER REVIEW AND DISCLOSURE (§§ 8-43-601 — 8-43-607) › Section 8-43-601 - Short title

This part 6 shall be known and may be cited as the "Provider Review and Disclosure Act".
L. 2010: Entire part added, (SB 10-178), ch. 290, p. 1347, §1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 6 - PROVIDER REVIEW AND DISCLOSURE (§§ 8-43-601 — 8-43-607) › Section 8-43-602 - Legislative declaration

The general assembly finds, determines, and declares that insurer performance programs are used in marketing, sales, and other efforts, and, as such, may impact an employer's selection of an authorized health-care provider. To protect patients, employers, and providers, and to avoid improper profiling, all performance programs must be fair, objective, consistently applied, and accord providers due process. Consistent with these goals, performance programs should align incentives not only with efficient operations, but also with cost-effective, high-quality care. Accordingly, the general assembly finds that requiring minimum standards and full disclosure of performance program data and methodologies will help improve the quality and efficiency of health care delivered to Colorado workers.
L. 2010: Entire part added, (SB 10-178), ch. 290, p. 1347, §1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 6 - PROVIDER REVIEW AND DISCLOSURE (§§ 8-43-601 — 8-43-607) › Section 8-43-603 - Definitions

As used in this part 6, unless the context otherwise requires:
(1)
"Insurer" means an entity that provides workers' compensation insurance coverage required by article
44
of this title, including any third-party insurer or self-insured employer.
(2)
"Methodology" means the method by which an assessment or measurement is determined, including algorithms or studies, evaluation of data, application of guidelines, or performance measures.
(3)
"Patient" means a person who qualifies for health-care benefits under articles
40
to 47 of this title.
(4)
"Performance program" means any program, system, or process through which an insurer rates or recognizes the cost, efficiency, quality, or other assessment or measurement of a provider's care, whether through awards, payments, assignment, or characterization or representation that is disclosed to patients, other providers, employers, or the public.
(5)
"Provider" means a physician licensed under the "Colorado Medical Practice Act", article
240
of title
12
, or a clinic that provides health care pursuant to articles 40 to
47
of this title 8.
Amended by 2019 Ch. 136,§ 24, eff. 10/1/2019.
L. 2010: Entire part added, (SB 10-178), ch. 290, p. 1348, §1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 6 - PROVIDER REVIEW AND DISCLOSURE (§§ 8-43-601 — 8-43-607) › Section 8-43-604 - Performance programs

(1)
All performance programs shall include, at a minimum:
(a)
A quality of care component that is satisfied by using standard treatment guidelines promulgated by the director pursuant to section
8-42-101
or evidence-based administrative, operational, or clinical performance measures that improve care;
(b)
A clear representation of the weight given to the quality of care component in comparison with other factors, which weight shall be equal to or greater than any other factor;
(c)
If a performance program includes an employer satisfaction element, a patient satisfaction element, which shall be weighted equal to or greater than the employer satisfaction element;
(d)
Statistical analyses that are objective, accurate, valid, reliable, and verifiable;
(e)
A period of assessment of data, pertinent to the performance program, which shall be updated at appropriate intervals;
(f)
If claims data are used, accurate claims data appropriately attributed to the provider. When reasonably available, the insurer shall use aggregated data from other insurers to supplement its own claims data.
(g)
The provider's responsibility for health-care decisions and the financial consequences of those decisions, which shall be fairly and accurately attributed to the provider.
(2)
Performance program results shall be reported to each provider reviewed in the program and shall include comparison of the provider's results to the results of the provider's peers.
(3)
Any disclosure to patients, other providers, employers, or the public of the results of a performance program shall be accompanied by a conspicuous disclaimer written in bold-faced type stating that the information is intended only as a guide, should not be the sole factor in selecting a provider, has a risk of error, and should be discussed with the provider.
L. 2010: Entire part added, (SB 10-178), ch. 290, p. 1348, §1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 6 - PROVIDER REVIEW AND DISCLOSURE (§§ 8-43-601 — 8-43-607) › Section 8-43-606 - Enforcement

(1)
An insurer shall not limit, by contract or other means, the right of a provider to enforce this part 6.
(2)
This part 6 may be enforced through a hearing pursuant to section
8-43-207
or in a civil action, and any remedies at law and in equity are available.
(3)
A violation of this part 6 constitutes an unfair or deceptive act or practice under part 11 of article
3
of title
10
, C.R.S.
L. 2010: Entire part added, (SB 10-178), ch. 290, p. 1350, §1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 43 - PROCEDURE (§§ 8-43-101 — 8-43-607) › Part 6 - PROVIDER REVIEW AND DISCLOSURE (§§ 8-43-601 — 8-43-607) › Section 8-43-607 - Filing with director

At least thirty days before implementing any new or amended performance program, an insurer shall file a detailed description of the performance program with the director.
L. 2010: Entire part added, (SB 10-178), ch. 290, p. 1350, §1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-103 - Insurers to file system of rating - approval

Every insurance carrier authorized to transact business in this state that insures employers against liability for compensation under the provisions of articles
40
to 47 of this title shall file with the commissioner of insurance its classification of risks, any premiums relating thereto, and any subsequent proposed classification of risks and premiums, together with all rates and any systems of rating.
L. 90: Entire article R&RE, p. 521, § 1, effective July 1. L. 2000: Entire section amended, p.
47
0, § 10, effective August 2. L. 2002: Entire section amended, p. 1884, § 35, effective July 1. L. 2003: Entire section amended, p. 2201, § 2, effective July 1.
This section is similar to former § 8-44-103 as it existed prior to 1990.
For the legislative declaration contained in the 2000 act amending this section, see section 1 of chapter 135, Session Laws of Colorado 2000.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-104 - Cutting rates - rebates - penalty

Every insurance carrier that writes compensation insurance shall write insurance at the rates filed with the commissioner of insurance. The cutting of rates, rebating, or any other method whereby, directly or indirectly, any employer is given the benefit of or obtains a rate lower than that approved by the commissioner of insurance is prohibited. The commissioner of insurance may suspend the license of any insurance carrier, agent, or broker who violates any provision of this section. Also, any insurance carrier, any employer, or any officer, agent, or employee thereof who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars for each such violation.
L. 90: Entire article R&RE, p. 521, § 1, effective July 1. L. 2000: Entire section amended, p. 471, § 11, effective August 2. L. 2002: Entire section amended, p. 1884, § 36, effective July 1. L. 2003: Entire section amended, p. 2201, § 3, effective July 1.
This section is similar to former § 8-44-104 as it existed prior to 1990.
For the legislative declaration contained in the 2000 act amending this section, see section 1 of chapter 135, Session Laws of Colorado 2000.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-105 - Provisions of policies - primary liability - notice of injury

Every contract insuring against liability for compensation or insurance policy evidencing the same shall contain a clause to the effect that the insurance carrier shall be directly and primarily liable to the employee and, in the event of death, to said employee's dependents to pay compensation, if any, for which the employer is liable, thereby discharging to the extent of such payment the obligations of the employer to the employee; that, as between the employee and the insurance carrier, notice or knowledge of the occurrence of the injury on the part of the employer shall be deemed notice or knowledge, as the case may be, on the part of the insurance carrier; that jurisdiction of the employer, for the purpose of articles
40
to
47
of this title, shall be jurisdiction of the insurance carrier; and that the insurance carrier, in all things, shall be bound by and subject to the orders, findings, decisions, or awards rendered against the employer under the provisions of said articles. Such policy shall also provide that the employee shall have a first lien upon any amount which becomes owing to the employer from the insurance carrier, and the insurance carrier shall pay the same directly to the employee or the employee's dependents, thereby discharging to the extent of such payment the obligation of the employer to the employee. The policy shall not contain any provisions relieving the insurance carrier from payment when the employer becomes legally incapable or insolvent or is discharged in bankruptcy or otherwise during the period that the policy is in operation or the compensation remains owing.
L. 90: Entire article R&RE, p. 522, § 1, effective July 1.
This section is similar to former § 8-44-105 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-106 - Insurer violation - suspension or revocation of license

If any insurance carrier intentionally, knowingly, or willfully violates any of the provisions of articles
40
to
47
of this title, the commissioner of insurance, on the request of the director, shall suspend or revoke the license or authority of such carrier to do a compensation business in this state.
L. 90: Entire article R&RE, p. 522, § 1, effective July 1.
This section is similar to former § 8-44-106 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-107 - Right of insurer to examine books of employer

Any insurance carrier operating under the workers' compensation act may apply to the commissioner of insurance for permission to examine any of the books, payrolls, or other documents of any employer insured by such carrier or of any contractor, subcontractor, lessee, sublessee, or person covered by the employer's compensation insurance to determine the amount of wage expenditure of such employer or of any contractor, subcontractor, lessee, sublessee, or person during any period that such insureds were insured by the insurance carrier. The commissioner of insurance may grant such carrier authority in writing to make the investigation or may appoint any agents of the division of insurance to conduct the investigation.
L. 90: Entire article R&RE, p. 522, § 1, effective July 1.
This section is similar to former § 8-44-108 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-108 - Repayments for misclassifications

(1)
Every insurance carrier authorized to transact business in this state, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles
40
to
47
of this title, is authorized to charge and collect any amount of money that should have been included in premiums paid by an insured but were not included in such premiums as a result of job misclassification. Upon written request by the employer, the issue of whether a job misclassification occurred shall be determined in writing by the insurance company. The employer's request shall be made within thirty working days after the anniversary date of the policy or the date of receipt by the employer of notice of a change in job classification. The insurance company's determination shall be made within thirty days after receipt of the employer's written request. An employer may appeal any determination of an insurance company made pursuant to this subsection (1) to the workers' compensation classification appeals board, pursuant to section
8-55-102
. If it is determined that a job misclassification occurred and that such misclassification was caused by the failure of the insured to provide accurate or complete data in order to determine the proper classification as requested by the insurance carrier, the repayment may be collected during the term of the contract for such insurance plus an additional reasonable time not to exceed twelve months.
(2)
Any employer who has purchased insurance against liability for compensation under the provisions of articles
40
to
47
of this title is authorized to recover any amount of money which should not have been included in premiums paid by the employer but which were included in such premiums as a result of job misclassification. The repayment may be collected during the term of the contract for such insurance plus an additional reasonable time not to exceed twelve months.
L. 90: Entire article R&RE, p. 522, § 1, effective July 1. L. 96: (1) amended, p. 1143, § 2, effective October 1. L. 2002: (1) amended, p. 1885, § 37, effective July 1.
This section is similar to former § 8-44-113 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-109 - Notice - change in rate by classification - policyholder's right to appeal classifications - availability of medical case management services

(1)
Any insurance carrier authorized to transact business in this state, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles
40
to
47
of this title, shall supply information regarding a change in the rate by classification to any insured employer, if such employer has requested that such information be supplied. Such information shall be supplied within thirty days following release of such information to such insurer by the authorized rating organization and following approval of such rate change by the division of insurance. As soon as reasonably possible after the division of insurance's approval of a change in rate by classification, the authorized rating organization shall disseminate notice of such approval and change in rate.
(2)
Every insurance carrier authorized to transact business in Colorado, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles
40
to
47
of this title, shall clearly and conspicuously inform policyholders of their rights to appeal employee classification designations, the procedures to be used for such an appeal, and the types of medical case management that the carrier has available to employees to promote medical cost containment.
L. 90: Entire article R&RE, p. 523, § 1, effective July 1. L. 2002: Entire section amended, p. 1885, § 38, effective July 1.
This section is similar to former § 8-44-115 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-110 - Notice of cancellation

Every insurance carrier authorized to transact business in this state, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles
40
to
47
of this title, shall notify any employer insured by the carrier or Pinnacol Assurance, and any agent or representative of such employer, if applicable, by certified mail of any cancellation of such employer's insurance coverage. Such notice shall be sent at least thirty days prior to the effective date of the cancellation of the insurance. However, if the cancellation is based on one or more of the following reasons, then such notice may be sent less than thirty days prior to the effective date of the cancellation of the insurance: Fraud, material misrepresentation, nonpayment of premium, or any other reason approved by the commissioner of insurance.
L. 90: Entire article R&RE, p. 523, § 1, effective July 1. L. 2002: Entire section amended, p. 1886, § 39, effective July 1. L. 2003: Entire section amended, p. 838, § 3, effective August 6.
This section is similar to former § 8-44-114 as it existed prior to 1990.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-113 - [Repealed]

L. 91: Entire section added, p. 1331, § 45, effective July 1. L. 93: (1), (2), (3), and (4) amended, p. 1276, § 1, effective June 6. L. 97: (4) RC&RE p. 529, § 1, effective April 24; (1)(b) repealed, p. 1475, § 10, effective June 3. L. 2002: (1)(a) amended, p. 1887, § 42, effective July 1; (1)(a) amended, p. 1467, § 21, effective October 1. L. 2003: (1)(a), (1)(c), and IP(4)(b) amended, p. 1556, § 1, effective May 1. L. 2005: Entire section repealed, p. 1248, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 8 - LABOR AND INDUSTRY (§§ 8-1-101 — 8-88-207) › LABOR II - WORKERS COMPENSATION AND RELATED PROVISIONS (§§ 8-40-101 — 8-67-113) › WORKERS COMPENSATION (§§ 8-40-101 — 8-47-209) › Article 44 - INSURANCE (§§ 8-44-101 — 8-44-206) › Part 1 - GENERAL PROVISIONS (§§ 8-44-101 — 8-44-116) › Section 8-44-114 - Determination of premium

The amount of the premium to be paid by an employer for a contract of insurance of compensation and benefits as provided in articles
40
to
47
of this title or against liability therefor shall be on the basis of the annual expenditure of money by said employer for the services of persons engaged in such employer's employment; except that no portion of such expenditure representing a per diem payment shall be considered unless such payment is considered wages for federal income tax purposes.
L. 94: Entire section added, p. 1286, § 4, effective May 22.