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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-208 - Coverage for job-related exposure to or contraction of hepatitis C

(1)
The exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer, as described in section
16-2.5-101
, C.R.S., shall be presumed to be within the course and scope of employment if the following conditions are satisfied:
(a)
A baseline test shall be provided by the employer, or if insured, by the insurer, to be performed within five days after the employee reports the on-the-job exposure. The employee must report the exposure within two days after the employee knew or reasonably should have known of the exposure;
(b)
The baseline test establishes that the employee was not infected with hepatitis C at the time of the on-the-job exposure;
(c)
The employee complies with reasonable and necessary medical procedures set forth in section
8-42-101(1)(c)
;
(d)
The employee is determined to have hepatitis C within twenty-four months after the on-the-job exposure to the known or possible source.
(2)
The exposure to or contraction of hepatitis C by a firefighter, emergency services provider, or peace officer, as described in section
16-2.5-101
, C.R.S., shall not be deemed to be within the course and scope of employment if an employer or insurer shows by a preponderance of the evidence that such exposure or contraction did not occur on the job.
L. 2002: Entire section added, p. 440, § 1, effective May 16. L. 2003: IP(1) and (2) amended, p. 1613, § 3, effective August 6.
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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-209 - Coverage for occupational diseases contracted by firefighters

(1)
Death, disability, or impairment of health of a firefighter of any political subdivision who has completed five or more years of employment as a firefighter, caused by cancer of the brain, skin, digestive system, hematological system, or genitourinary system and resulting from his or her employment as a firefighter, shall be considered an occupational disease.
(2)
Any condition or impairment of health described in subsection (1) of this section:
(a)
Shall be presumed to result from a firefighter's employment if, at the time of becoming a firefighter or thereafter, the firefighter underwent a physical examination that failed to reveal substantial evidence of such condition or impairment of health that preexisted his or her employment as a firefighter; and
(b)
Shall not be deemed to result from the firefighter's employment if the firefighter's employer or insurer shows by a preponderance of the medical evidence that such condition or impairment did not occur on the job.
(3)
Repealed.
(4)
An employer who participates in the voluntary firefighter cancer benefits program created in part 4 of article
5
of title
29
is not subject to this section unless the employer ends participation in that program.
Amended by 2017 Ch. 187,§ 2, eff. 5/3/2017.
L. 2007: Entire section added, p. 962, § 1, effective May 17. L. 2017: (4) added, (SB 17-214), ch. 187, p. 684, § 2, effective May 3.
Subsection (3)(b) provided for the repeal of subsection (3), effective March 1, 2009. (See L. 2007, p. 962.)
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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-210 - Coverage for property tax work-off program participants

Notwithstanding any provision of law to the contrary, a governmental entity or private nonprofit or for-profit entity that has a contract with a governmental entity that is self-insured under articles
40
to
47
of this title may purchase workers' compensation insurance from any insurer authorized to transact the business of workers' compensation insurance in this state for the express purpose of covering participants in the property tax work-off program established pursuant to article
3.7
of title
39
, C.R.S.
L. 2010: Entire section added, (HB 10-1076), ch. 162, p. 566, §3, effective August 11.
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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-211 - Transportation network company drivers - rules

On June 5, 2014, the director, upon consideration of existing Colorado statutory and case law, may by rule determine whether or not transportation network companies have an obligation under existing Colorado law to provide or offer for purchase workers' compensation insurance coverage to transportation network company drivers.
L. 2014: Entire section added, (SB 14-125), ch. 323, p. 1420, § 7, effective June 5.
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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 2 - COVERAGE (§§ 8-41-201 — 8-41-212) › Section 8-41-212 - Exemptions - laws of other state furnish exclusive remedy - definitions

(1)
An employee who was hired or is regularly employed outside of Colorado by an out-of-state employer and the out-of-state employer of the employee are exempt from articles
40
to
47
of this title 8 while the employee is temporarily working for the out-of-state employer within Colorado if:
(a)
The out-of-state employer has furnished coverage pursuant to the workers' compensation laws of the state in which the employee was hired or is regularly employed, which coverage applies to the employee while temporarily working in Colorado; and
(b)
The state in which the employee is furnished coverage:
(I)
Is contiguous to Colorado; and
(II)
Recognizes this section and provides the same exemption from the application of its workers' compensation laws for Colorado employers whose employees are temporarily working in the contiguous state.
(2)
For an out-of-state employee and out-of-state employer to which this section applies, the benefits provided under the workers' compensation laws of the state in which the employee is furnished coverage are the exclusive remedy against the out-of-state employer for any injury, whether resulting in death or not, that the employee incurs while working for the out-of-state employer in Colorado.
(3)
The division may enter into an agreement with any workers' compensation division or similar agency of a contiguous state to promulgate rules consistent with this section to carry out the extraterritorial application of the workers' compensation or similar law of the agreeing state.
(4)
Nothing in this section contravenes the legal obligations of Colorado employers to provide workers' compensation to their employees in compliance with articles
40
to
47
of this title 8.
(5)
As used in this section:
(a)
"Out-of-state employer" means an employer that is domiciled in another state.
(b)
"Temporarily" or "temporarily working" means:
(I)
A period of sustained work that does not exceed six months; or
(II)
Engaging in the interstate movement of goods or commodities.
Added by 2018 Ch. 182,§ 1, eff. 4/30/2018.
L. 2018: Entire section added, (HB 18-1308), ch. 182, p. 1235, § 1, effective April 30.
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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 3 - LIABILITY (§§ 8-41-301 — 8-41-304) › Section 8-41-302 - Scope of terms - "accident" - "injury" - "occupational disease"

(1)
"Accident", "injury", and "occupational disease" shall not be construed to include disability or death caused by or resulting from mental or emotional stress unless it is shown by competent evidence that such mental or emotional stress is proximately caused solely by hazards to which the worker would not have been equally exposed outside the employment.
(2)
"Accident", "injury", and "occupational disease" shall not be construed to include disability or death caused by heart attack unless it is shown by competent evidence that such heart attack was proximately caused by an unusual exertion arising out of and within the course of the employment.
L. 90: Entire article R&RE, p. 480, § 1, effective July 1.
This section is similar to former § 8-41-108 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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 3 - LIABILITY (§§ 8-41-301 — 8-41-304) › Section 8-41-303 - Loaning employer liable for compensation

Where an employer, who has accepted the provisions of articles
40
to
47
of this title and has complied therewith, loans the service of any of the employer's employees who have accepted the provisions of said articles to any third person, the employer shall be liable for any compensation thereafter for any injuries or death of said employee as provided in said articles, unless it appears from the evidence in said case that said loaning constitutes a new contract of hire, express or implied, between the employee whose services were loaned and the person to whom the employee was loaned.
L. 90: Entire article R&RE, p. 480, § 1, effective July 1.
This section is similar to former § 8-52-101 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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 3 - LIABILITY (§§ 8-41-301 — 8-41-304) › Section 8-41-304 - Last employer liable - exception

(1)
Where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of such disease and suffered a substantial permanent aggravation thereof and the insurance carrier, if any, on the risk when such employee was last so exposed under such employer shall alone be liable therefor, without right to contribution from any prior employer or insurance carrier. In the case of silicosis, asbestosis, or anthracosis, the only employer and insurance carrier liable shall be the last employer in whose employment the employee was last exposed to harmful quantities of silicon dioxide (SiO
2
) dust, asbestos dust, or coal dust on each of at least sixty days or more and the insurance carrier, if any, on the risk when the employee was last so exposed under such employer.
(2)
In any case where an employee of an employer becomes disabled from silicosis, asbestosis, anthracosis, or poisoning or disease caused by exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or in the event death results from silicosis, asbestosis, anthracosis, or poisoning or disease caused by exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, and, if such employee has been injuriously exposed to such diseases while in the employ of another employer during the employee's lifetime, the last employer or that employer's insurance carrier, if any, shall be liable for compensation and medical benefits as provided by articles
40
to
47
of this title, including funeral expenses and death benefits.
L. 90: Entire article R&RE, p. 480, § 1, effective July 1. L. 91: (1) amended, p. 1295, § 8, effective July 1. L. 93: (2) amended, p. 2140, § 1, effective 4/1/1994.
This section is similar to former § 8-51-112 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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 4 - CONTRACTORS AND LESSEES (§§ 8-41-401 — 8-41-404) › Section 8-41-402 - Repairs to real property - exception for liability of occupant of residential real property

(1)
Every person, company, or corporation owning any real property or improvements thereon and contracting out any work done on and to said property to any contractor, subcontractor, or person who hires or uses employees in the doing of such work shall be deemed to be an employer under the terms of articles
40
to 47 of this title. Every such contractor, subcontractor, or person, as well as such contractor's, subcontractor's, and person's employees, shall be deemed to be an employee, and such employer shall be liable as provided in said articles to pay compensation for injury or death resulting therefrom to said contractor, subcontractor, or person and said employees or employees' dependents and, before commencing said work, shall insure and keep insured all liability as provided in said articles. Such employer shall be entitled to recover the cost of such insurance from said contractor, subcontractor, or person and may withhold and deduct the same from the contract price or any royalties or other money due, owing, or to become due to said contractor, subcontractor, or person. Articles 40 to
47
of this title shall not apply to the owner or occupant, or both, of residential real property which meets the definition of a "qualified residence" under section 163 (h)(4)(A) of the federal "Internal Revenue Code of 1986", as amended, who contracts out any work done to the property, unless the person performing the work is otherwise an employee of the owner or occupant, or both, of the property.
(2)
If said contractor, subcontractor, or person doing or undertaking to do any work for an owner of property, as provided in subsection (1) of this section, is also an employer in the doing of such work and, before commencing such work, insures and keeps insured all liability for compensation as provided in articles
40
to 47 of this title, neither said contractor, subcontractor, or person nor any employees or insurers thereof shall have any right of contribution or action of any kind, including actions under section
8-41-203
, against the person, company, or corporation owning real property and improvements thereon which contracts out work done on said property, or against its employees, servants, or agents.
(3)
(Deleted by amendment, L. 91, p. 1295, § 9, effective July 1, 1991.)
L. 90: Entire article R&RE, p. 483, § 1, effective July 1. L. 91: Entire section amended, p. 1295, § 9, effective July 1.
This section is similar to former § 8-48-102 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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 4 - CONTRACTORS AND LESSEES (§§ 8-41-401 — 8-41-404) › Section 8-41-403 - Exemption of certain lessors of real property

(1)
The provisions of this part 4 shall not apply to any lessor or sublessor of real property who rents or leases real property to any lessee or sublessee for the purpose of conducting the business of such lessee or sublessee, whether as a franchise holder, independent agent, or consignee or in any other separate capacity and whether or not such person is an employer, as defined in section
8-40-203
, but in no event where such lessee or sublessee is an employee, as defined in section
8-40-202
.
(2)
No such lessee or sublessee, or any employee or insurer thereof, shall have any right of contribution from or action against such lessor or sublessor under articles
40
to 47 of this title.
(3)
The provisions of this part 4 shall not apply to any lessor or sublessor of real property who leases or rents real property to any lessee or sublessee for the purpose of conducting any agricultural production business of such lessee or sublessee, and no such lessee or sublessee, or any employee or insurer thereof, shall have any right of contribution from or action against such lessor or sublessor under articles 40 to
47
of this title.
L. 90: Entire article R&RE, p. 483, § 1, effective July 1. L. 93: (1) and (3) amended, p. 1771, § 22, effective June 6.
This section is similar to former § 8-48-103 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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 5 - DEPENDENCY (§§ 8-41-501 — 8-41-505) › Section 8-41-501 - Persons presumed wholly dependent

(1)
For the purposes of articles
40
to
47
of this title, the following described persons shall be presumed to be wholly dependent (however, such presumption may be rebutted by competent evidence):
(a)
Widow or widower, unless it is shown that she or he was voluntarily separated and living apart from the spouse at the time of the injury or death or was not dependent in whole or in part on the deceased for support;
(a.5)
A person who is designated in a designated beneficiary agreement for purposes of receiving workers' compensation benefits in accordance with the provisions of article
22
of title
15
, C.R.S., unless it is shown that the designated beneficiary was voluntarily separated and living apart from the other designated beneficiary at the time of the injury or death or was not dependent in whole or in part on the deceased for support;
(b)
Minor children of the deceased under the age of eighteen years, including posthumous or legally adopted children;
(c)
Minor children of the deceased who are eighteen years or over and under the age of twenty-one years if it is shown that:
(I)
At the time of the decedent's death they were actually dependent upon the deceased for support; and
(II)
Either at the time of the decedent's death or at the time they attained the age of eighteen years they were engaged in courses of study as full-time students at any accredited school. The period of presumed dependency of such persons shall continue until they attain the age of twenty-one years or until they cease to be engaged in courses of study as full-time students at an accredited school, whichever occurs first.
L. 90: Entire article R&RE, p. 484, § 1, effective July 1. L. 91: Entire section amended, p. 1350, § 1, effective May 29. L. 2009: (1) amended, (HB 09 -1260), ch. 107, p. 439, § 2, effective July 1.
This section is similar to former § 8-50-101 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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 5 - DEPENDENCY (§§ 8-41-501 — 8-41-505) › Section 8-41-502 - Other dependents - temporary dependency

Except as otherwise provided in section
8-41-501(1)(c)
, a child eighteen years of age or over and a mother, father, grandmother, grandfather, sister, brother, or grandchild who was wholly or partially supported by the deceased employee at the time of death and for a reasonable period of time immediately prior thereto is considered an actual dependent. To be entitled to compensation, such dependents, except as provided in section
8-41-501(1)(c)
, must prove that they were incapable of or actually disabled from earning their own living. If said incapacity or disability is temporary only, compensation shall be paid only during the period of such temporary incapacity or disability.
L. 90: Entire article R&RE, p. 484, § 1, effective July 1.
This section is similar to former § 8-50-102 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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 5 - DEPENDENCY (§§ 8-41-501 — 8-41-505) › Section 8-41-503 - Dependency and extent determined - how

(1)
Dependents and the extent of their dependency shall be determined as of the date of the injury to the injured employee, and the right to death benefits shall become fixed as of said date irrespective of any subsequent change in conditions except as provided in section
8-41-501 (1)(c)
. Death benefits shall be directly payable to the dependents entitled thereto or to such person legally entitled thereto as the director may designate.
(2)
In case an employee or claimant entitled to compensation dies leaving dependents, any accrued and unpaid portion of the compensation or benefits up to the time of the death of such employee or claimant shall be paid to such dependents as may be ordered by the director and not to the legal representative as such of said decedent. In case the injured employee or claimant leaves no dependents, the director may order the application of any accrued and unpaid benefits up to the time of the death of such employee or claimant paid upon the expenses of the last sickness or funeral of such decedent, the preference in such payment to be to funeral expenses.
(3)
In case an injured employee or dependent of a deceased employee entitled to benefits under articles
40
to
47
of this title is declared incompetent or insane, any benefits accrued or to accrue may be paid to the conservator of the estate, if any, or to any dependents, or to the party or institution having custody of the person of such injured employee or dependent of a deceased employee as may be ordered by the director in the director's discretion.
L. 90: Entire article R&RE, p. 484, § 1, effective July 1. L. 91: (1) amended, p. 1351, § 2, effective May 29.
This section is similar to former § 8-50-105 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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 5 - DEPENDENCY (§§ 8-41-501 — 8-41-505) › Section 8-41-504 - Action by injured employee - dependents not parties in interest

No dependent of an injured employee, during the life of the employee, shall be deemed a party in interest to any proceeding by said employee for the enforcement of any claim for compensation nor with respect to any settlement thereof by said employee.
L. 90: Entire article R&RE, p. 485, § 1, effective July 1.
This section is similar to former § 8-50-108 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 41 - COVERAGE AND LIABILITY (§§ 8-41-101 — 8-41-505) › Part 5 - DEPENDENCY (§§ 8-41-501 — 8-41-505) › Section 8-41-505 - Minor children

A minor child of a deceased putative father is entitled to compensation when it is proved to the satisfaction of the director that the father, during his lifetime, has acknowledged the child as his and has regularly contributed to his or her support and maintenance for a reasonable period of time prior to his death.
Amended by 2018 Ch. 96,§ 2, eff. 8/8/2018.
L. 90: Entire article R&RE, p. 485, § 1, effective July 1. L. 2018: Entire section amended, (SB 18-095), ch. 96, p. 752, § 2, effective August 8.
This section is similar to former § 8-50-109 as it existed prior to 1990.
For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-106 - Temporary partial disability

(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 disability, not to exceed a maximum of ninety-one percent of the state average weekly wage per week. Temporary partial disability shall be paid at least once every two weeks.
(2)
Temporary partial disability payments shall continue until the first occurrence of either one of the following:
(a)
The employee reaches maximum medical improvement; or
(b)
(I)
The attending physician gives the employee a written release to return to modified employment, such employment is offered to the employee in writing, and the employee fails to begin such employment.
(II)
In the case of employment by a temporary help contracting firm, once the employee has received one written offer of modified employment meeting the requirements of subparagraph (III) of this paragraph (b), the employee shall be deemed to be on notice that modified employment is available. Subsequent offers of modified employment need not be in writing so long as the job requirements of such modified employment are within the restrictions given the employee by the employee's attending physician and the employee is allowed a period of at least twenty-four hours, not including any part of a Saturday, Sunday, or legal holiday, within which to respond to any such offer.
(III)
A written offer of modified employment under subparagraph (II) of this paragraph (b) shall clearly state:
(A)
That future offers of employment need not be in writing;
(B)
The policy of the temporary help contracting firm regarding how and when employees are expected to learn of such future offers; and
(C)
That benefits under this section will be terminated if an employee fails to respond to an offer of modified employment.
L. 90: Entire article R&RE, p. 491, § 1, effective July 1. L. 91: Entire section amended, p. 1306, § 14, effective July 1. L. 96: Entire section amended, p. 828, § 3, effective July 1. L. 2013: (1) amended, (SB 13-285), ch. 301, p. 1594, § 3, effective July 1.
This section is similar to former § 8-51-103 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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-107.5 - [Effective Until 1/1/2025] Limits on temporary disability payments and permanent partial disability payments

(1)
A claimant whose impairment rating is nineteen percent or less may not receive more than seventy-five thousand dollars from combined temporary disability payments and permanent partial disability payments. A claimant whose impairment rating is greater than nineteen percent may not receive more than one hundred fifty thousand dollars from combined temporary disability payments and permanent partial disability payments.
(2)
For the purposes of this section, any mental impairment rating shall be combined with the physical impairment rating to establish a claimant's impairment rating for determining the applicable cap. For injuries sustained on and after January 1, 2012, the director shall adjust these limits on the amount of compensation for combined temporary disability payments and permanent partial disability payments on July 1, 2011, 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
.
Amended by 2021 Ch. 384, § 5, eff. 9/7/2021.
L. 91: Entire section added, p. 1311, § 16, effective July 1. L. 2005: Entire section amended, p. 1505, § 1, effective 1/1/2006. L. 2009: Entire section amended, (SB 09-243), ch. 1223, p. 1223, § 4, effective July 1. L. 2010: Entire section amended, (SB 10-187), ch. 1459, p. 1459, § 7, effective 1/1/2011.
Section 13(2)(d) of chapter 384 (HB 21-1050), Session Laws of Colorado 2021, provides that the act changing this section applies to injuries occurring on or after September 7, 2021.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-107.5 - [Effective 1/1/2025] Limit on temporary disability payments and permanent partial disability payments

(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 percent may not receive more than three hundred thousand dollars from combined temporary disability payments and permanent partial disability payments.
(2)
For the purposes of this section, any mental impairment rating shall be combined with the physical impairment rating to establish a claimant's impairment rating for determining the applicable cap. For injuries sustained on and after January 1, 2025, the director shall adjust these limits on the amount of compensation for combined temporary disability payments and permanent partial disability payments on July 1, 2025, 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
.
Amended by 2024 Ch. 389,§ 3, eff. 1/1/2025, app. applies to claims arising on or after 1/1/2025.
Amended by 2021 Ch. 384, § 5, eff. 9/7/2021.
L. 91: Entire section added, p. 1311, § 16, effective July 1. L. 2005: Entire section amended, p. 1505, § 1, effective 1/1/2006. L. 2009: Entire section amended, (SB 09-243), ch. 1223, p. 1223, § 4, effective July 1. L. 2010: Entire section amended, (SB 10-187), ch. 1459, p. 1459, § 7, effective 1/1/2011.
Section 13(2)(d) of chapter 384 (HB 21-1050), Session Laws of Colorado 2021, provides that the act changing this section applies to injuries occurring on or after September 7, 2021.
2024 Ch. 389, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-107.6 - Premium dividend for employing injured employees

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 any wage increases to which such employees would have been entitled had the employee not been injured. The total amount of the premium dividend shall be determined on a pro rata basis, taking into account the total number of employees injured during the period of time the insurance policy was in effect and the total number of injured employees who have sustained permanent partial disability as a result of their injuries and who have been rehired by such employer.
L. 91: Entire section added, p. 1311, § 17, 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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-108 - Disfigurement - additional compensation

(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 allow compensation not to exceed four thousand dollars to the employee who suffers such disfigurement.
(2)
If an employee sustains any of the following disfigurements, the director may allow up to eight thousand dollars as compensation to the employee in addition to all other compensation benefits provided in this article other than compensation allowed under subsection (1) of this section:
(a)
Extensive facial scars or facial burn scars;
(b)
Extensive body scars or burn scars; or
(c)
Stumps due to loss or partial loss of limbs.
(3)
The director shall adjust the limits on the amount of compensation for disfigurement specified in this section on July 1, 2008, and each July 1 thereafter by the percentage of adjustment made by the director to the state average weekly wage pursuant to section
8-47-106
.
L. 90: Entire article R&RE, p. 493, § 1, effective July 1. L. 2007: Entire section amended, p. 640, § 2, effective July 1.
This section is similar to former § 8-51-105 as it existed prior to 1990.
For the legislative declaration contained in the 2007 act amending this section, see section 1 of chapter 174, Session Laws of Colorado 2007.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 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.
L. 90: Entire article R&RE, p. 493, § 1, effective July 1.
This section is similar to former § 8-51-109 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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-110 - [Repealed]

L. 90: Entire article R&RE, p. 493, § 1, effective July 1. L. 91: Entire section repealed, p. 1312, § 18, effective July 1.
(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 pertaining to the determination of permanent partial disability are contained in §
8-42-107
.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-111 - Award for permanent total disability

(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 article for injuries causing temporary total disability.
(2)
(Deleted by amendment, L. 91, p. 1313, § 19, effective July 1, 1991.)
(3)
A disabled employee capable of rehabilitation which would enable the employee to earn any wages in the same or other employment, who refuses an offer of employment by the same or other employer or an offer of vocational rehabilitation paid for by the employer shall not be awarded permanent total disability.
(4)
For injuries occurring on and after July 1, 1991, and before July 1, 1994, the average weekly wage of injured employees used for computing compensation paid for awards pursuant to subsection (1) of this section shall be increased by two percent per year effective July 1 of each year, and such increased compensation shall be payable for the subsequent twelve months.
(5)
Repealed.
L. 90: Entire article R&RE, p. 494, § 1, effective July 1. L. 91: (2) and (3) amended and (4) and (5) added, p. 1313, § 19, effective July 1. L. 94: (4) and (5) amended, p. 2002, § 5, effective July 1. L. 2009: (5) repealed, (SB 09-070), ch. 49, p. 175, §2, effective August 5.
This section is similar to former § 8-51-107 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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-112.5 - Limitation on payments - use of controlled substances

(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 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.
(2)
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.
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.
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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-113 - Limitations on payments to prisoners - incentives to sheriffs and department of corrections

(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 following conviction during which such individual is confined in a jail, prison, or any department of corrections facility.
(1.5)
(a)
In the event the identifying information transmitted to the department of labor and employment pursuant to section
17-26-118.5(2)
, C.R.S., results in the termination of workers' compensation benefits pursuant to subsection (1) of this section, the employer or the insurance carrier, if any, shall pay to the sheriff a reward equal to ten percent of one week's benefit to which the ineligible individual would otherwise be eligible to receive.
(b)
An individual who is ineligible pursuant to subsection (1) of this section shall repay to the employer or the insurance carrier, if any, any amounts received while not eligible.
(2)
After such individual's release from confinement, the individual shall be restored to the same position with respect to entitlement to benefits under articles 40 to
47
of this title as said individual would otherwise have enjoyed at the point in time of such release from confinement. However, except as provided in subsection (3) of this section, said individual shall not be able to recover, recoup, or otherwise be retroactively entitled to any of the benefits to which the individual would have been entitled without the limitation specified in subsection (1) of this section.
(3)
If upon appeal such conviction is overturned, such individual shall be entitled to recover the benefits to which such individual would have been entitled except for the operation of subsection (1) of this section.
(4)
This section shall not apply to benefits under articles
40
to 47 of this title to which an inmate of a department of corrections facility or a city, county, or city and county jail is entitled for injury or occupational disease arising out of and in the course of the inmate working, performing services, or participating in a training, rehabilitation, or work release program that has been certified by the federal prison industry enhancement certification program pursuant to the federal "Justice System Improvement Act of 1979",
18 U.S.C. sec. 1761(c)
. The inmate shall be entitled to benefits in accordance with section
8-40-301(3)(a)
.
L. 90: Entire article R&RE, p. 495, § 1, effective July 1. L. 99: (1.5) added, p. 553, § 3, effective August 4. L. 2010: (1) amended and (4) added, (HB 10-1109), ch. 171, p. 606, §2, effective August 11.
This section is similar to former § 8-52-104.5 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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-114 - Death benefits

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 week for accidents occurring on or after July 1, 1989, and not less than a minimum of twenty-five percent of the applicable maximum per week. In cases where it is determined that periodic death benefits granted by the federal old age, survivors, and disability insurance act or a workers' compensation act of another state or of the federal government are payable to an individual and the individual's dependents, the aggregate benefits payable for death pursuant to this section shall be reduced, but not below zero, by an amount equal to fifty percent of such periodic benefits.
L. 90: Entire article R&RE, p. 495, § 1, effective July 1. L. 91: Entire section amended, p. 1351, § 4, effective May 29.
This section is similar to former § 8-50-103 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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-115 - Death from injury - benefits

(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 with such sums as may have accrued or been paid to the deceased during the deceased's lifetime for disability, and any amount or payment which is due under section
8-46-101
.
(b)
If there are wholly dependent persons at the time of death, the payment shall be in accordance with the provisions of section
8-42-114
.
(c)
If there are partially dependent persons at the time of death, the payment shall not exceed sixty-six and two-thirds percent of the average weekly wages, subject to the limitations of articles
40
to
47
of this title as to maximum and minimum weekly amounts, to continue for such period after the date of death as is required to pay, at the weekly rate, the total amount awarded by the director to be paid to such partially dependent persons.
L. 90: Entire article R&RE, p. 495, § 1, effective July 1. L. 2000: (1)(a) amended, p. 821, § 1, effective May 24.
This section is similar to former § 8-50-111 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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-116 - When death not proximate result - benefits

(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 caused permanent total disability, the death benefit shall consist of the unpaid and unaccrued portion of the permanent total disability benefit which the employee would have received had the employee lived until receiving compensation at the employee's regular rate for a period of six years.
(b)
Where the injury proximately caused permanent partial disability, the death benefit shall consist of the unpaid and unaccrued portion of the permanent partial disability benefit which the employee would have received had he lived.
L. 90: Entire article R&RE, p. 496, § 1, effective July 1.
This section is similar to former § 8-50-112 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 42 - BENEFITS (§§ 8-42-101 — 8-42-127) › Section 8-42-117 - Benefits to partial dependents

(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 caused permanent total disability, the death benefit shall consist of that proportion of the unpaid and unaccrued portion of the permanent total disability benefit which the employee would have received had the employee lived until said employee had received compensation at the employee's regular rate for a period of six years as the amount devoted by the deceased to the support of such persons for the year immediately prior to the injury bears to the total income of the persons during said year.
(b)
Where the injury caused permanent partial disability, the death benefit shall consist of that proportion of the unpaid and unaccrued portion of the permanent partial disability benefit which the employee would have received if the employee had lived as the amount devoted by the deceased to the support of such persons for the year immediately prior to the injury bears to the total income of the persons during said year.
L. 90: Entire article R&RE, p. 496, § 1, effective July 1.
This section is similar to former § 8-50-113 as it existed prior to 1990.