C.R.S. Section 8-42-106
Temporary partial disability

(1)

In case of temporary partial disability, the employee shall receive sixty-six and two-thirds percent of the difference between the employee’s average weekly wage at the time of the injury and the employee’s average weekly wage during the continuance of the temporary partial disability, not to exceed a maximum of ninety-one percent of the state average weekly wage per week. Temporary partial disability shall be paid at least once every two weeks.

(2)

Temporary partial disability payments shall continue until the first occurrence of either one of the following:

(a)

The employee reaches maximum medical improvement; or

(b)

Intentionally left blank —Ed.

(I)

The attending physician gives the employee a written release to return to modified employment, such employment is offered to the employee in writing, and the employee fails to begin such employment.

(II)

In the case of employment by a temporary help contracting firm, once the employee has received one written offer of modified employment meeting the requirements of subparagraph (III) of this paragraph (b), the employee shall be deemed to be on notice that modified employment is available. Subsequent offers of modified employment need not be in writing so long as the job requirements of such modified employment are within the restrictions given the employee by the employee’s attending physician and the employee is allowed a period of at least twenty-four hours, not including any part of a Saturday, Sunday, or legal holiday, within which to respond to any such offer.

(III)

A written offer of modified employment under subparagraph (II) of this paragraph (b) shall clearly state:

(A)

That future offers of employment need not be in writing;

(B)

The policy of the temporary help contracting firm regarding how and when employees are expected to learn of such future offers; and

(C)

That benefits under this section will be terminated if an employee fails to respond to an offer of modified employment.

Source: Section 8-42-106 — Temporary partial disability, 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

§ 8-42-106’s source at colorado​.gov