C.R.S. Section 8-42-112
Acts of employees reducing compensation

(1)

The compensation provided for in articles 40 to 47 of this title shall be reduced fifty percent:

(a)

Where injury is caused by the willful failure of the employee to use safety devices provided by the employer;

(b)

Where injury results from the employee’s willful failure to obey any reasonable rule adopted by the employer for the safety of the employee; or
(c)(Deleted by amendment, L. 99, p. 581, § 2, effective July 1, 1999.)(d) Where the employee willfully misleads an employer concerning the employee’s physical ability to perform the job, and the employee is subsequently injured on the job as a result of the physical ability about which the employee willfully misled the employer. Notwithstanding any other provisions of articles 40 to 47 of this title, the provisions of this paragraph (d) shall apply in addition to any other penalty that may be imposed under section 8-43-402.

(2)

In the event the claimant or dependent is receiving periodic disability benefits for which a reduction in Colorado workers’ compensation benefits has been made pursuant to section 8-42-103, the fifty percent reduction provided for in subsection (1) of this section shall be computed according to the rate of benefits received by the claimant or dependent after, and not before, such other reduction has been made.

(3)

An admission of liability reducing compensation under this section must include a statement by a representative of the employer listing the specific facts on which the reduction is based.

(4)

If the insurer or self-insured employer admits liability for the claim, any party may request an expedited hearing on the issue of whether the employer or insurer may reduce compensation under this section if the application for hearing is filed within forty-five days after the date of the admission reducing compensation under this section. The director shall set any expedited matter for hearing within sixty days after the date of the application. The time schedule for an expedited hearing is subject to the extensions set forth in section 8-43-209. If the party elects not to request an expedited hearing under this subsection (4), the time schedule for hearing the matter is as set forth in section 8-43-209.

(5)

Nothing in this section limits the right of a party to submit evidence at a hearing scheduled under this section or section 8-43-209.

(6)

Nothing in this section precludes a party from requesting a hearing pursuant to the time schedule set forth in section 8-43-209.

Source: Section 8-42-112 — Acts of employees reducing 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

§ 8-42-112’s source at colorado​.gov