Colorado Legislative Council Staff

REVISED NO FISCAL IMPACT

(replaces no fiscal impact dated February 1, 1999)

TITLE:            CONCERNING REDUCTION OF WORKERS' COMPENSATION DISABILITY BENEFITS WHERE THERE IS EVIDENCE OF INTOXICATION.

Summary of Assessment

            The reengrossed bill reduces the workers' compensation benefits paid to injured workers under the Workers' Compensation Act. It reduces non-medical benefits by 50 percent when an injury results from the presence in an employee's system, of not medically prescribed controlled substances or, of blood alcohol at or above 0.10 percent. The amended bill changes the maximum acceptable blood alcohol level from 0.04 percent to 0.10 percent and provides for a presumption that the employee was intoxicated and that the injury was due to such intoxication, if the test indicates the presence of such substances at such levels. The bill repeals current statutory provisions that call for a 50 percent reduction in all benefits, including medical benefits paid to medical providers, upon evidence of a blood alcohol exceeding 0.10 percent. The bill would become effective July 1, 1999, and apply to injuries occurring on or after that date.

            The provisions of the bill would impact the amount of disability benefits paid by insurers to injured workers and medical providers. The provisions would have a minimal impact on the Division of Workers' Compensation, Department of Labor and Employment to make required changes to the notification poster form. The costs, if any, for these changes will be absorbed within existing resources. The bill would not have any 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