§ 8-44-111 — Workers' compensation insurance - deductibles - definition

Colorado § 8-44-111

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

Text

(1) (a)
Any employer may agree, as a condition of any contract for the insurance of
compensation and benefits as provided in articles 40 to 47 of this title or against
liability therefor, to pay an amount not to exceed the split point approved by the
commissioner of insurance per claim toward the total amount of any claim payable
under articles 40 to 47 of this title. The amount of premium to be paid by an
employer who agrees to pay such deductible shall be reduced based upon such
deductible in an amount determined by the insurance carrier.

(b) As used in this subsection (1), split point means the amount of each loss
approved by the commissioner of insurance that an insurer may apply as the
primary loss in each workers' compensation claim. The full amount of primary
losses counts in each employer's experience modification calculation that
determines the employer's percentage credit or surcharge on workers'
compensation coverage. The loss amount above the split point is excess loss and
constitutes part of each employer's experience modification calculation.

(c) Nothing in this section abrogates an employer's responsibility to pay the
full amount of any compensation and benefits due under articles 40 to 47 of this
title. It is a violation of this title for an employer or, if insured, the insurer to require
any employee to pay any part of the compensation and benefits due under articles
40 to 47 of this title.

(d) It is a violation of this title for an employer or, if insured, the insurer to
require an employee to use any other type of insurance, regardless of whether it is
provided as a benefit of employment, or any other employment benefit, to pay any
portion of any compensation and benefits due under articles 40 to 47 of this title.

(e) Nothing in this subsection (1) allows a carrier to stop offering no-deductible policies.

(1.5) Whenever any insurer, including Pinnacol Assurance created in section
8-45-101, issues a workers' compensation policy in this state, and annually
thereafter, the insurer must issue a policy including the deductible provision if
requested by the insured employer; except that the commissioner shall promulgate
rules establishing criteria to allow the insurer to deny a deductible policy to an
employer based on financial inability to reimburse the insurer for the deductible
plan selected.

(2) The existence of an insurance contract with a deductible or the fact of
payment as a result of a deductible shall not affect the requirement of an employer
to report an injury or death to the division as required in section 8-43-103 (1).

(3) The deductible amounts paid by any employer under the provisions of this
section shall be excluded from consideration by insurance carriers authorized to
transact business in Colorado, including Pinnacol Assurance, which insures
employers against liability for compensation under the provisions of articles 40 to
47 of this title, in establishing the modification factors based upon experience used
by such insurance carriers to determine premiums. For purposes of experience
modifications, medical only claims shall be calculated in the same manner as claims
with indemnity payments.

(4) Every insurance carrier authorized to transact business in Colorado,
including Pinnacol Assurance, which insures employers against liability for
compensation under the provisions of articles 40 to 47 of this title, shall clearly and
conspicuously inform policyholders of the availability of the deductible option
specified in subsection (1) of this section.

Legislative History

Source: L. 90: Entire article R&RE, p. 523, � 1, effective July 1. L. 91: (3) added, p. 1331, � 44, effective July 1. L. 92: Entire section amended, p. 1816, � 1, effective July 1. L. 93: (1.5) added, p. 2085, � 4, effective July 1. L. 2002: (1.5), (3), and (4) amended, p. 1886, � 40, effective July 1. L. 2010: (3) amended, (SB 10-112), ch. 52, p. 196, � 1, effective January 1, 2011. L. 2013: (1) amended, (HB 13-1025), ch. 140, p. 455, � 1, effective July 1.