Colorado Legislative Council Staff

NO FISCAL IMPACT


Drafting Number:

Prime Sponsor(s):

LLS 99-0032

Rep. Swenson

 

Date:

Bill Status:

Fiscal Analyst:

January 7, 1999

House Business Affairs

Will Meyer (866-4976)

 

TITLE:            CONCERNING CAUSATION IN CASES OF PERMANENT DISABILITY UNDER THE "WORKERS' COMPENSATION ACT OF COLORADO".



Summary of Assessment


            This bill makes the following changes to the Workers' Compensation Act:

 

               prohibits medical impairment ratings for conditions that are not directly caused by a work-related injury or occupational disease in cases in which permanent medical impairment is an issue;

               places the burden of proof of the cause on the injured worker; and

               limits death benefits to those which had accrued at that time in cases in which an injured worker dies of a condition not the proximate result of a work-related injury or occupational disease .


            The bill would become effective July 1, 1999, and apply to injuries occurring on or after that date.


            The provisions of the bill could affect the amount of litigation in the Division of Workers' Compensation, Department of Labor and Employment, increasing it around the question of "causation" and decreasing it on other issues. It is believed that the net impact of the bill would not have a fiscal impact on the cost of workers' compensation litigation. The provisions of the bill will not have a significant fiscal impact on any other state agency, or unit of local government. Therefore, this bill is assessed as having no fiscal impact.



Departments Contacted


            Labor and Employment