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Second Regular Session
Sixty-first General Assembly
LLS NO. 980614.01 DHG
HOUSE BILL 981306
STATE OF COLORADO
BY REPRESENTATIVE McElhany;
also SENATOR Blickensderfer. REENGROSSED
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING ADDITIONAL CRITERIA FOR TERMINATION OF
TEMPORARY DISABILITY WORKERS' COMPENSATION BENEFITS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Addresses the situation of when an injured worker,
having once had temporary total disability (TTD) benefits terminated,
returns to work and thereafter quits, retires, is discharged for
cause, or goes on leave. Provides that TTD benefits are not available
in such a situation, partially overruling the Colorado Supreme
Court's ruling in PDM Molding, Inc. v. Stanberg.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 842105, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
842105. Temporary total disability. (4) IF AN INJURED WORKER HAS HAD TEMPORARY TOTAL DISABILITY TERMINATED PURSUANT TO SUBSECTION (3) OF THIS SECTION AND HAS RETURNED TO WORK, SUCH INJURED WORKER IS NOT ENTITLED TO ANY FURTHER TEMPORARY TOTAL DISABILITY BENEFITS IF THE INJURED WORKER QUITS, RETIRES, IS DISCHARGED FOR CAUSE, OR GOES ON PAID OR UNPAID LEAVE.
SECTION 2. Effective date applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to injuries occurring on or after the applicable effective date of this act.