(1)If an employer is
subject to articles 40 to 47 of this title 8 and, at the time of an injury, has not
complied with the insurance provisions of those articles or has allowed the required
insurance to terminate, or has not effected a renewal thereof, the employee, if
injured, or, if killed, the employee's dependents may claim the compensation and
benefits provided in those articles.
(2)In all cases where compensation is awarded under the terms of this
section, the director or an administrative law judge of the division shall compute
and require the employer to pay to a trustee designated by the director or
administrative law judge an amount equal to the present value of all unpaid
compensation or benefits computed at the rate of four percent per annum; or, in
lieu thereof, s
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(1) If an employer is
subject to articles 40 to 47 of this title 8 and, at the time of an injury, has not
complied with the insurance provisions of those articles or has allowed the required
insurance to terminate, or has not effected a renewal thereof, the employee, if
injured, or, if killed, the employee's dependents may claim the compensation and
benefits provided in those articles.
(2) In all cases where compensation is awarded under the terms of this
section, the director or an administrative law judge of the division shall compute
and require the employer to pay to a trustee designated by the director or
administrative law judge an amount equal to the present value of all unpaid
compensation or benefits computed at the rate of four percent per annum; or, in
lieu thereof, such employer, within ten days after the date of such order, shall file a
bond with the director or administrative law judge signed by two or more
responsible sureties to be approved by the director or by some surety company
authorized to do business within the state of Colorado. The bond shall be in such
form and amount as prescribed and fixed by the director and shall guarantee the
payment of the compensation or benefits as awarded. The filing of any appeal,
including a petition for review, shall not relieve the employer of the obligation under
this subsection (2) to pay the designated sum to a trustee or to file a bond with the
director or administrative law judge.
(3) A certified copy of any award of the director, administrative law judge, or
panel ordering the payment of compensation entered in such case may be filed with
the clerk of the district court of any county in this state at any time after the order
of the administrative law judge awarding compensation, and the same shall be
recorded by said clerk in the judgment book of said court and entry thereof made in
the judgment docket, and it shall thenceforth have all the effect of a judgment of
the district court, and execution may issue thereon out of said court as in other
cases. Upon the reversal, setting aside, modification, or vacation of said order or
award and upon payment to the trustee or furnishing of bond in accordance with
the terms of this section, then, upon certification thereof by the director,
administrative law judge, or panel, said record in the judgment book and the entry in
the judgment docket shall be vacated, and any execution thereon shall be recalled.
(4) Any employer who fails to comply with a lawful order or judgment issued
pursuant to subsection (2) or (3) of this section is liable to the employee, if injured,
or, if killed, said employee's dependents, in addition to the amount in the order or
judgment, for an amount equal to fifty percent of such order or judgment or one
thousand dollars, whichever is greater, plus reasonable attorney fees incurred after
entry of a judgment or order.
(5) In addition to any compensation paid or ordered in accordance with this
section or articles 40 to 47 of this title 8, an employer who is not in compliance with
the insurance provisions of those articles at the time an employee suffers a
compensable injury or occupational disease shall pay an amount equal to twenty-five percent of the compensation or benefits to which the employee is entitled to
the Colorado uninsured employer fund created in section 8-67-105.
(6) An employer who fails to comply with a lawful order or judgment issued
pursuant to subsection (2) or (3) of this section shall be ordered to pay an amount
equal to twenty-five percent of the compensation or benefits to which the
employee is entitled to the Colorado uninsured employer fund created in section 8-67-105 in addition to any other amount ordered pursuant to this section or articles
40 to 47 of this title 8.