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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0067.01 BWM HOUSE BILL 98­1159

STATE OF COLORADO

BY REPRESENTATIVES T. Williams, McPherson, Agler, Gotlieb, S. Johnson, Pfiffner, Salaz, Sinclair, and Tucker;

also SENATOR Rizzuto.

REREVISED

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING APPROVAL OF WORKERS' COMPENSATION CLAIM SETTLEMENT AGREEMENTS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Requires that workers' compensation claim settlement agreements be signed by the employer or, with the employer's written consent, the insurer prior to approval. Specifies that an employer must sign or reject a settlement agreement within 30 days after receiving the written agreement. Permits an employer to waive the right to sign a settlement agreement in a workers' compensation claim by executing a written consent that permits the insurer to sign the agreement.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  8­43­204, Colorado Revised Statutes, is amended to read:

8­43­204.  Settlements. (1)  An injured employee may settle all or part of any claim for compensation, benefits, penalties, or interest. If such settlement provides by its terms that the employee's claim or award shall not be reopened, such settlement shall not be subject to being reopened under any provisions of articles 40 to 47 of this title other than on the ground of fraud or mutual mistake of material fact.

(2)  Such a settlement shall be in writing and shall be signed by a representative of the employer or insurer and signed and sworn to by the injured employee. FOR CLAIMS THAT HAVE A SETTLEMENT AMOUNT OF SEVENTY­FIVE THOUSAND DOLLARS OR MORE A WRITTEN NOTICE OF THE SETTLEMENT AGREEMENT SHALL BE PROVIDED TO THE EMPLOYER. (3)  The settlement shall be reviewed in person with the injured employee and approved in writing by an administrative law judge or the director of the division prior to the finalization of such settlement. The settlement shall be filed with the division as a part of the injured employee's permanent record.

SECTION 2.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.