§ 8-42-112 — Acts of employees reducing compensation

Colorado § 8-42-112

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Benefits

Text

(1) The compensation
provided for in articles 40 to 47 of this title shall be reduced fifty percent:

(a) Where injury is caused by the willful failure of the employee to use safety
devices provided by the employer;

(b) Where injury results from the employee's willful failure to obey any
reasonable rule adopted by the employer for the safety of the employee; or

(c) (Deleted by amendment, L. 99, p. 581, � 2, effective July 1, 1999.)

(d) Where the employee willfully misleads an employer concerning the
employee's physical ability to perform the job, and the employee is subsequently
injured on the job as a result of the physical ability about which the employee
willfully misled the employer. Notwithstanding any other provisions of articles 40 to
47 of this title, the provisions of this paragraph (d) shall apply in addition to any
other penalty that may be imposed under section 8-43-402.

(2) In the event the claimant or dependent is receiving periodic disability
benefits for which a reduction in Colorado workers' compensation benefits has
been made pursuant to section 8-42-103, the fifty percent reduction provided for in
subsection (1) of this section shall be computed according to the rate of benefits
received by the claimant or dependent after, and not before, such other reduction
has been made.

(3) An admission of liability reducing compensation under this section must
include a statement by a representative of the employer listing the specific facts on
which the reduction is based.

(4) If the insurer or self-insured employer admits liability for the claim, any
party may request an expedited hearing on the issue of whether the employer or
insurer may reduce compensation under this section if the application for hearing is
filed within forty-five days after the date of the admission reducing compensation
under this section. The director shall set any expedited matter for hearing within
sixty days after the date of the application. The time schedule for an expedited
hearing is subject to the extensions set forth in section 8-43-209. If the party elects
not to request an expedited hearing under this subsection (4), the time schedule for
hearing the matter is as set forth in section 8-43-209.

(5) Nothing in this section limits the right of a party to submit evidence at a
hearing scheduled under this section or section 8-43-209.

(6) Nothing in this section precludes a party from requesting a hearing
pursuant to the time schedule set forth in section 8-43-209.

Legislative History

Source: L. 90: Entire article R&RE, p. 494, � 1, effective July 1. L. 91: (2) added, p. 1351, � 3, effective May 29. L. 99: (1) amended, p. 581, � 2, effective July 1; (1)(d) added, p. 406, � 1, effective September 1. L. 2016: (3) to (6) added, (SB 16-217), ch. 272, p. 1127, � 2, effective July 1.