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 8-42-104 - Effect of previous injury or compensation

(1)
The fact that an employee has suffered a previous disability or impairment or received compensation therefor shall not preclude compensation for a later injury or for death, but, in determining compensation benefits payable for the later injury or death, the employee's average weekly earnings at the time of the later injury shall be used in determining the compensation payable to the employee or such employee's dependents. Notwithstanding any other provision of articles
40
to
47
of this title, no claimant may receive concurrent permanent total disability awards from injuries occurring in this state or any other state.
(2)
(Deleted by amendment, L. 2008, p. 1676, § 2, effective July 1, 2008.)
(3)
An employee's temporary total disability, temporary partial disability, or medical benefits shall not be reduced based on apportionment under any circumstances. This subsection (3) supercedes the Colorado court of appeals' decisions in
Hutchison v. Industrial Claim Appeals Office of Colorado
, 405 P.3d 458 (Colo. App. 2017) and
Duncan v. Industrial Claim Appeals Office of Colorado
, 107 P.3d 999 (Colo. App. 2004).
(4)
An employee's recovery of permanent total disability shall not be reduced when the disability is the result of a work-related injury or a work-related injury combined with genetic, congenital, or similar conditions; body habitus; or family history; except that this subsection (4) does not apply to reductions in recovery or apportionments allowed pursuant to the Colorado supreme court's decision in the case denominated
Anderson v. Brinkhoff
, 859 P.2d 819 (Colo. 1993).
(5)
In cases of permanent medical impairment, the employee's award or settlement shall not be reduced except:
(a)
When an employee has suffered more than one permanent medical impairment to the same body part and has received an award or settlement under the "Workers' Compensation Act of Colorado" or a similar act from another state. The permanent medical impairment rating applicable to the previous injury to the same body part, established by award or settlement, shall be deducted from the permanent medical impairment rating for the subsequent injury to the same body part.
(b)
When an employee has a nonwork-related previous permanent medical impairment to the same body part that has been identified, treated, and, at the time of the subsequent compensable injury, is independently disabling. The percentage of the nonwork-related permanent medical impairment existing at the time of the subsequent injury to the same body part shall be deducted from the permanent medical impairment rating for the subsequent compensable injury.
(6)
Nothing in this section shall be construed to preclude employers or insurers from seeking contribution or reimbursement, as permitted by law, from other employers or insurers for benefits paid to or for an injured employee as long as the employee's benefits are not reduced or otherwise affected by such contribution or reimbursement.
(7)
For the purposes of subsections (4) and (5) of this section, the employer or, if the employer is insured, the employer's insurer has the burden of proof, by a preponderance of the evidence, at any hearing regarding apportionment that may result in a reduction of benefits to an employee under this section.
Amended by 2021 Ch. 384, § 3, eff. 9/7/2021.
L. 90: Entire article R&RE, p. 490, § 1, effective July 1. L. 91: (1) amended, p. 1304, § 12, effective July 1. L. 99: Entire section amended, p. 410, § 1, effective July 1. L. 2008: (2) amended and (3) to (6) added, p. 1676, § 2, effective July 1.
(1) This section is similar to former § 8-47-102 as it existed prior to 1990.
(2) (a) Section 13(2)(d) of chapter 384 (HB 21-1050), Session Laws of Colorado 2021, provides that the act amending subsection (3) applies to injuries occurring on or after September 7, 2021.
(b) Section 13(2)(b) of chapter 384 (HB 21-1050), Session Laws of Colorado 2021, provides that the act amending subsections (4) and IP(5) and adding subsection (7) applies to applications for hearings regarding apportionment filed on or after September 7, 2021.