C.R.S. Section 8-42-112.5
Limitation on payments

  • use of controlled substances

(1)

Nonmedical benefits otherwise payable to an injured worker are reduced fifty percent where the injury results from the presence in the worker’s system, during working hours, of controlled substances, as defined in section 18-18-102 (5), C.R.S., that are not medically prescribed or of a blood alcohol level at or above 0.10 percent, or at or above an applicable lower level as set forth by federal statute or regulation, as evidenced by a forensic drug or alcohol test conducted by a medical facility or laboratory licensed or certified to conduct such tests. A duplicate sample from any test conducted must be preserved and made available to the worker for purposes of a second test to be conducted at the worker’s expense. If the test indicates the presence of such substances or of alcohol at such level, it is presumed that the employee was intoxicated and that the injury was due to the intoxication. This presumption may be overcome by clear and convincing evidence.

(2)

As used in this section, “nonmedical benefits” means all benefits provided for in articles 40 to 47 of this title other than disbursements for medical, surgical, nursing, and hospital services, apparatus, and supplies.

Source: Section 8-42-112.5 — Limitation on payments - use of controlled substances, 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

§ 8-42-112.5’s source at colorado​.gov