C.R.S. Section 8-42-104
Effect of previous injury or compensation

(1)

The fact that an employee has suffered a previous disability or impairment or received compensation therefor shall not preclude compensation for a later injury or for death, but, in determining compensation benefits payable for the later injury or death, the employee’s average weekly earnings at the time of the later injury shall be used in determining the compensation payable to the employee or such employee’s dependents. Notwithstanding any other provision of articles 40 to 47 of this title, no claimant may receive concurrent permanent total disability awards from injuries occurring in this state or any other state.
(2)(Deleted by amendment, L. 2008, p. 1676, § 2, effective July 1, 2008.)(3) An employee’s temporary total disability, temporary partial disability, or medical benefits shall not be reduced based on apportionment under any circumstances. This subsection (3) supercedes the Colorado court of appeals’ decisions in Hutchison v. Industrial Claim Appeals Office of Colorado, 405 P.3d 458 (Colo. App. 2017) and Duncan v. Industrial Claim Appeals Office of Colorado, 107 P.3d 999 (Colo. App. 2004).

(4)

An employee’s recovery of permanent total disability shall not be reduced when the disability is the result of a work-related injury or a work-related injury combined with genetic, congenital, or similar conditions; body habitus; or family history; except that this subsection (4) does not apply to reductions in recovery or apportionments allowed pursuant to the Colorado supreme court’s decision in the case denominated Anderson v. Brinkhoff, 859 P.2d 819 (Colo. 1993).

(5)

In cases of permanent medical impairment, the employee’s award or settlement shall not be reduced except:

(a)

When an employee has suffered more than one permanent medical impairment to the same body part and has received an award or settlement under the “Workers’ Compensation Act of Colorado” or a similar act from another state. The permanent medical impairment rating applicable to the previous injury to the same body part, established by award or settlement, shall be deducted from the permanent medical impairment rating for the subsequent injury to the same body part.

(b)

When an employee has a nonwork-related previous permanent medical impairment to the same body part that has been identified, treated, and, at the time of the subsequent compensable injury, is independently disabling. The percentage of the nonwork-related permanent medical impairment existing at the time of the subsequent injury to the same body part shall be deducted from the permanent medical impairment rating for the subsequent compensable injury.

(6)

Nothing in this section shall be construed to preclude employers or insurers from seeking contribution or reimbursement, as permitted by law, from other employers or insurers for benefits paid to or for an injured employee as long as the employee’s benefits are not reduced or otherwise affected by such contribution or reimbursement.

(7)

For the purposes of subsections (4) and (5) of this section, the employer or, if the employer is insured, the employer’s insurer has the burden of proof, by a preponderance of the evidence, at any hearing regarding apportionment that may result in a reduction of benefits to an employee under this section.

Source: Section 8-42-104 — Effect of previous injury or compensation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑42‑101
Employer must furnish medical aid - approval of plan - fee schedule - contracting for treatment - no recovery from employee - medical treatment guidelines - accreditation of physicians and other medical providers - mental health provider qualifications - mileage reimbursement - rules - definition - repeal 8‑42‑102
Basis of compensation - “wages” defined - average weekly wage - “at the time of injury” clarified 8‑42‑103
Disability indemnity payable as wages - period of disability 8‑42‑104
Effect of previous injury or compensation 8‑42‑105
Temporary total disability - hearings 8‑42‑106
Temporary partial disability 8‑42‑107
Permanent partial disability benefits - schedule - medical impairment benefits - how determined 8‑42‑107.2
Selection of independent medical examiner - procedure - time - allocation of costs - disclosures regarding physician relationships with insurers, self-insured employers, or claimants - rules - applicability 8‑42‑107.5
Limits on temporary disability payments and permanent partial disability payments 8‑42‑107.6
Premium dividend for employing injured employees 8‑42‑108
Disfigurement - additional compensation 8‑42‑109
Added compensation for additional injuries 8‑42‑111
Award for permanent total disability 8‑42‑112
Acts of employees reducing compensation 8‑42‑112.5
Limitation on payments - use of controlled substances 8‑42‑113
Limitations on payments to prisoners - incentives to sheriffs and department of corrections 8‑42‑113.5
Recovery of overpayments - notice required 8‑42‑114
Death benefits 8‑42‑115
Death from injury - benefits 8‑42‑116
When death not proximate result - benefits 8‑42‑117
Benefits to partial dependents 8‑42‑118
Applicability of repeal of death benefits to nonresident dependents 8‑42‑119
Partial dependents - compensation 8‑42‑120
Termination of right to benefits 8‑42‑121
Director to determine and apportion benefits 8‑42‑122
Minor dependents - safeguarding payments 8‑42‑123
Funeral and burial expenses 8‑42‑124
Assignability and exemption of claims - payment to employers - when 8‑42‑125
Data gathering on workers’ compensation system 8‑42‑126
Monetary benefits and penalties - timely payment - determination of date deemed paid
Green check means up to date. Up to date

Current through Fall 2024

§ 8-42-104’s source at colorado​.gov