§ 8-42-113.5 — Recovery of overpayments - notice required

Colorado § 8-42-113.5

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

Text

(1) If a claimant
has received an award for the payment of disability benefits or a death benefit
under articles 40 to 47 of this title and also receives any payment, award, or
entitlement to benefits under the federal old-age, survivors, and disability
insurance act, an employer-paid retirement benefit plan, or any other plan,
program, or source for which the original disability benefits or death benefit is
required to be reduced pursuant to said articles, but which were not reflected in the
calculation of such disability benefits or death benefit:

(a) Within twenty calendar days after learning of such payment, award, or
entitlement, the claimant, or the legal representative of a claimant who is a minor,
shall give written notice of the payment, award, or entitlement to the employer or, if
the employer is insured, to the employer's insurer. If the claimant or legal
representative gives such notice, any overpayment that resulted from the failure to
make the appropriate reduction in the original calculation of such disability benefits
or death benefit shall be recovered by the employer or insurer in installments at the
same rate as, or a lower rate than, the rate at which the overpayments were made.
Such recovery shall reduce the disability benefits or death benefit payable after all
other applicable reductions have been made.

(b) If the claimant or legal representative of a claimant who is a minor was
receiving benefits in excess of the amounts that should have been paid under
articles 40 to 47 of this title and failed to give the notice required by paragraph (a)
of this subsection (1), the employer or insurer is authorized to cease all disability or
death benefit payments immediately until the overpayments have been recovered
in full.

(b.5) (I) After the filing of a final admission of liability, except in cases of
fraud, any attempt to recover an overpayment shall be asserted within one year
after the time the requester knew of the existence of the overpayment.

(II) Subparagraph (I) of this paragraph (b.5), as enacted by Senate Bill 09-168, enacted in 2009, is declared to be procedural and was intended to and shall
apply to all workers' compensation claims, regardless of the date the claim was
filed.

(c) If for any reason recovery of overpayments as contemplated in paragraph
(a) or (b) of this subsection (1) is not practicable, the employer or insurer is
authorized to seek an order for repayment.

(d) When an overpayment is repaid to the insurer, the insurer shall credit the
losses on the claim and report the corrected losses to the insurance rating
organization on the next scheduled report for purposes of the employer's
experience modification.

Legislative History

Source: L. 97: Entire section added, p. 113, � 2, effective July 1. L. 2009: (1)(b.5) added, (SB 09-168), ch. 184, p. 806, � 2, effective August 5. L. 2010: (1)(b.5) amended, (SB 10-163), ch. 66, p. 231, � 2, effective March 31.