Colorado § 8-42-106 Temporary partial disability

Colorado Statutes

§ 8-42-106 — Temporary partial disability

Colorado·Title 08 Labor and·Art. Benefits

(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

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(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.

Colorado § 8-42-106 (Temporary partial disability) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: 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.