First Regular Session
Sixty-second General Assembly
LLS NO. 99-0144.01 Julie Hoerner SENATE BILL 99-102
STATE OF COLORADO
BY SENATOR Hernandez;
also REPRESENTATIVE Mace.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
101 CONCERNING ADDITIONAL PERMANENT PARTIAL DISABILITY BENEFITS
102 UNDER THE "WORKERS' COMPENSATION ACT OF COLORADO" FOR
103 AN EMPLOYEE WHO IS DISABLED SO THAT THE EMPLOYEE IS
104 RENDERED UNABLE TO MEET THE EMPLOYEE'S OCCUPATIONAL
105 DEMANDS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the employee to receive nonscheduled injury benefits
upon reaching maximum medical improvement, in cases where an
employee sustains a scheduled injury that results in the employee being
disabled and unable to meet the employee's occupational demands as
defined in section 1.1 of the revised 3rd edition of the "American Medical
Association Guides to the Evaluation of Permanent Impairment".
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 8-42-107 (1) (a), (7) (b), and (8) (a), Colorado
3 Revised Statutes, are amended, and the said 8-42-107 is further amended
4 BY THE ADDITION OF A NEW SUBSECTION, to read:
5 8-42-107. Permanent partial disability benefits - schedule -
6 medical impairment benefits - how determined. (1) Benefits
7 available. (a) When an injury results in permanent medical impairment,
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
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1 and the employee has an injury or injuries enumerated in the schedule set
2 forth in subsection (2) of this section, the employee shall be limited to
3 medical impairment benefits as specified in subsection SUBSECTIONS (2)
4 AND (2.5) of this section.
5 (2.5) WHEN AN INJURY SET FORTH IN SUBSECTION (2) OF THIS
6 SECTION RESULTS IN DISABILITY, AS DEFINED IN SECTION 1.1 OF THE
7 REVISED THIRD EDITION OF THE "AMERICAN MEDICAL ASSOCIATION
8 GUIDES TO THE EVALUATION OF PERMANENT IMPAIRMENT", AND RENDERS
9 THE EMPLOYEE UNABLE TO MEET THE EMPLOYEE'S OCCUPATIONAL
10 DEMANDS, THE EMPLOYEE SHALL RECEIVE MEDICAL IMPAIRMENT BENEFITS
11 SPECIFIED IN SUBSECTION (8) OF THIS SECTION.
12 (7) (b) Except as provided in subsection SUBSECTIONS (2.5) AND
13 (8) of this section, where an injury causes the loss of, loss of use of or
14 partial loss of use of any member specified in the foregoing schedule, the
15 amount of permanent partial disability shall be the proportionate share of
16 the amount stated in the above schedule for the total loss of a member,
17 and such amount shall be in addition to compensation for temporary
18 disability.
19 (8) Medical impairment benefits - determination of MMI for
20 scheduled and nonscheduled injuries. (a) When an injury results in
21 permanent medical impairment not set forth in the schedule in subsection
22 (2) OR IS COVERED UNDER SUBSECTION (2.5) of this section, the employee
23 shall be limited to medical impairment benefits calculated as provided in
24 this subsection (8). The procedures for determination of maximum
25 medical improvement set forth in paragraph (b) of this subsection (8)
26 shall be available in cases of injuries set forth in the schedule in
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1 subsection (2) of this section and also in cases of injuries that are not set
2 forth in said schedule.
3 SECTION 2. Effective date - applicability. This act shall take
4 effect upon passage, and shall apply to claims for injuries occurring on
5 or after said date.
6 SECTION 3. Safety clause. The general assembly hereby finds,
7 determines, and declares that this act is necessary for the immediate
8 preservation of the public peace, health, and safety.