S.B. 94-55 Workers' compensation - premiums - experience ratings - effect of motor vehicle accident not caused by employer or employee. Requires the commissioner of insurance to establish by rule, and insurers to apply, standards for determining a loss limitation to be applied in calculating the experience modifications affecting the future workers' compensation premium rates of employers whose employees are injured or killed in motor vehicle accidents not caused, wholly or in part, by the employer or the employee and where use of a motor vehicle is not an integral part of the employer's business. Requires similar standards to be adopted governing when use of a motor vehicle is an integral part of the employer's business, when an accident has not been caused, wholly or in part, by the employer or employee, and how losses are distributed among workers' compensation classifications.
Sets criteria for application of the loss limitation. Requires that any loss in excess of the limitation be distributed among all policyholders as determined by the commissioner of insurance. Allows the commissioner to treat policyholders differently depending on whether the use of a motor vehicle is an integral part of their business.
APPROVED by Governor May 25, 1994
EFFECTIVE October 1, 1994
S.B. 94-75 Unemployment compensation - conformance to federal law - agricultural labor - aliens - notification to employees by temporary agencies - Colorado general assembly employees - military duty performed by employee - successor employer's transfer of experience credit. Conforms certain state laws regulating unemployment benefits to federal law by making the following changes:
Extends to January 1, 1995, the exception to the definition of employment for agricultural work done by aliens pursuant to the federal "Immigration and Nationality Act".
Excludes services performed as an employee of a foreign government or as an alien in this country under certain provisions of the federal "Immigration and Nationality Act" from the definition of employment.
Requires a temporary help contracting firm to give written notice to an employee that the employee is required to contact the firm after completing a work assignment. Specifies that an employee of a temporary help contracting firm who does not contact the firm after completing an assignment is deemed to have voluntarily left the place of employment for reasons which do not allow an award of benefits.
Repeals a provision which defined certain employees of the Colorado general assembly as seasonal employees.
Specifies that certain extended unemployment benefit provisions will not apply to weeks of unemployment beginning on and after March 7, 1993, and before January 1, 1995, and that other benefit provisions shall apply during that period.
Repeals a provision which specified that an employer who ceased doing business because such employer was called to active military duty would not have such employer's record affected for purposes of unemployment tax rates.
Modifies the method by which a successor employer may have a partial transfer of experience from a predecessor by transferring a proportional rather than actual share of such predecessor's tax, benefit, and payroll experience.
APPROVED by Governor April 14, 1994
PORTIONS EFFECTIVE April 14, 1994; July 1, 1994
S.B. 94-116 Unemployment compensation - reduction in back pay award - remittance by employers to fund. Removes a provision which exempted an employer from having to remit any moneys to the unemployment compensation fund in circumstances where a back pay award based on a discriminatory or unfair employment practice is reduced due to the employee having received unemployment benefits during the period covered by the back pay award.
APPROVED by Governor April 14, 1994
EFFECTIVE July 1, 1994
S.B. 94-190 Workers' compensation - benefits - definition of "wages". Excludes from the definition of wages, for purposes of computing benefits and employers' insurance premiums, any per diem payment not considered wages for federal income tax purposes. Where employees are paid by the mile, provides for calculation of the "average weekly wage" on the basis of the average miles driven per day during the 60-day period preceding the date of injury or, if the employee has been employed for less than 60 days, on the basis of the average miles driven per day during such shorter period.
APPROVED by Governor May 22, 1994
EFFECTIVE May 22, 1994
S.B. 94-193 Workers' compensation - dispute resolution procedures. Makes provisions of the "Workers' Compensation Act of Colorado" consistent to reflect that the administrative law judges in the department of administration and the director of the division of workers' compensation have concurrent original jurisdiction to hear and determine and make findings and awards in all workers' compensation cases and specifies that no rule of the director may limit the concurrent jurisdiction of the administrative law judges as specifically provided by law.
Deletes provisions authorizing the director to refer workers' compensation cases to district or county court judges or special administrative law judges other than those employed by the division of administrative hearings.
Makes mediation of disputes in workers' compensation cases a voluntary process, instead of mandatory, for certain disputes. Clarifies the authority of the director with respect to settlement conference procedures and allows the promulgation of rules consistent with other provisions of law concerning settlements in workers' compensation cases. Removes the restriction that parties may only submit a matter to binding arbitration after a mediation conference. Authorizes the director to conduct prehearing conferences with prehearing administrative law judges appointed by the director and to promulgate rules as may be necessary to implement prehearing conferences.
Limits the authority of the director, with the written approval of the executive director of the department of labor and employment in the form of an order, to appoint any competent person as an agent to investigate workers' compensation cases by deleting the authority to also appoint referees with specified duties to act in the capacity of an administrative law judge.
Authorizes the director of the division of administrative hearings to establish a time schedule for administrative hearings in workers' compensation cases in accordance with the time frames delineated by law.
Requires the director of the division of workers' compensation and each administrative law judge to report to the division each time a penalty is imposed under the "Workers' Compensation Act of Colorado". Specifies the contents of such reports. Requires the director to report to the general assembly on January 1 of each year on the information obtained from such reports. Requires in any application for hearing for a penalty that the applicant state with specificity the grounds on which the penalty is being asserted. Allows an alleged violator 20 days after the date of mailing of such an application to cure the violation. If the violation is cured within such period, and the party seeking such penalty fails to prove by clear and convincing evidence that the alleged violator knew or reasonably should have known of the violation, no penalty shall be assessed. Requires requests for penalties to be filed with the director or administrative law judge within one year after the date the requesting party knew or reasonably should have known the facts giving rise to the penalty.
Specifies that all orders entered by the director or an administrative law judge in a workers' compensation case shall be made available for inspection for a fee reflecting actual costs and that the name of the claimant and other identifying information concerning the claimant shall be excised from such orders.
APPROVED by Governor June 1, 1994
EFFECTIVE June 1, 1994
S.B. 94-197 Ski area volunteers - exclusion from definition of term "employee". Changes the exclusion of volunteers from the definition of "employee" for purposes of the "Colorado Workers' Compensation Act" to apply only to ski area operators rather than all passenger tramway operators and to apply to all volunteers rather than just ski patrol persons, ski instructors, or race crew members. Specifies that noncash remuneration to a volunteer or the volunteer's designee shall not change a person's status as a volunteer. Provides that retaining a person as a ski area volunteer does not create an implied or express contract of hire between the ski area and the volunteer.
APPROVED by Governor May 22, 1994
EFFECTIVE July 1, 1994
S.B. 94-199 Workers' compensation - definition of permanent total disability - freeze on medical fee schedule - private pension benefit offset - modification of permanent partial disability schedule of injuries - elimination of cost of living adjustment for permanent total disability benefits - lifetime permanent total disability payments - information on workers' compensation system - utilization review of health care providers. On and after July 1, 1994, changes the definition of permanent total disability to create a rebuttable presumption of such status under certain conditions. Specifies that such rebuttable presumption arises only as the result of a medical determination, based upon objective findings made by an independent medical examiner accredited to make impairment determinations under the workers' compensation system.
Freezes the medical fee schedule for workers' compensation until July 1, 1995.
On and after July 1, 1994, places limitations on the offset against permanent total disability benefits for private pension benefits. Provides that all contributions made by an employer to a private pension plan pursuant to a collective bargaining agreement shall be considered to have been made by the employee for purposes of calculating any offset against such benefits. Limits such offset to cases where an employer does not participate in the federal old-age, survivors, and disability insurance program.
On and after July 1, 1994, modifies the schedule of injuries for permanent partial disability benefits. Eliminates the cost of living adjustment for permanent total disability benefits. Authorizes lifetime permanent total disability benefit payments.
Authorizes the gathering of information on the workers' compensation system.
On and after July 1, 1994, provides for the utilization review of health care services under the workers' compensation system.
APPROVED by Governor June 3, 1994
PORTIONS EFFECTIVE June 3, 1994; July 1, 1994
H.B. 94-1051 Workers' compensation - benefits - prosthetic devices - replacement. Allows an injured employee to obtain more than one replacement of an external prosthetic device, including dentures, when an anatomical change caused by the injury requires such replacement. Allows replacement of implants, subject to a finding by the authorized treating physician that the replacement is necessary.
APPROVED by Governor March 22, 1994
EFFECTIVE March 22, 1994
H.B. 94-1086 Workers' compensation - employees of division - qualifications for employment. Eliminates current statutory requirements that all employees of the division of workers' compensation, other than "experts", be bona fide Colorado residents for at least 2 years prior to employment and that they be full-time employees of the division.
APPROVED by Governor March 18, 1994
EFFECTIVE March 18, 1994
H.B. 94-1145 Unemployment compensation - benefits - grounds for disqualification - drug or alcohol use. Disqualifies a former employee from eligibility for unemployment compensation benefits if it is established through drug or alcohol testing that, during working hours, the former employee had in his or her system a not medically prescribed controlled substance or a blood alcohol level at or above 0.04% or at or above an applicable lower level as set forth by federal statute or regulation. Requires that the test be performed by a medical facility or laboratory licensed or certified to conduct such tests and that testing be done pursuant to a statutory or regulatory requirement or a previously established, written policy.
APPROVED by Governor June 2, 1994
EFFECTIVE July 1, 1994
H.B. 94-1195 Workers' compensation - utilization review proceedings - when final - hearings. Prohibits a party other than the insurer, self-insured employer, or claimant from requesting a hearing with respect to a change of physician or whether treatment was medically necessary and appropriate, until utilization review proceedings have become final. Provides that once such proceedings have become final, the issues disposed of shall be binding on the parties and a subsequent hearing shall be precluded unless a preponderance of the evidence is shown.
APPROVED by Governor June 3, 1994
EFFECTIVE June 3, 1994
H.B. 94-1230 Workers' compensation - orders - access. Requires the division of workers' compensation to make an order of the director of the division or an administrative law judge available for inspection or copying for a fee reflecting actual costs. Specifies that the name and other identifying information concerning the claimant and employer shall be excised.
APPROVED by Governor June 1, 1994
EFFECTIVE June 1, 1994
H.B. 94-1271 Workers' compensation - employer compliance - fraud prevention - appropriations. Directs the division of workers' compensation to develop a procedure, by January 1, 1995, for verifying whether or not all Colorado employers comply with workers' compensation insurance requirements including, but not limited to, cross-referencing employer records of the division of employment and training and the division of workers' compensation. Authorizes the division, with assistance from the attorney general, to use all available means under the workers' compensation laws to ensure that noncomplying employers comply with such laws. Requires authorized insurance carriers, including the Colorado compensation insurance authority, upon request, to furnish the division with all information required to carry out the purposes of this act. A report shall be filed by the division to the General Assembly by January 31, 1995. States that the criminal penalty is in addition to all other applicable criminal penalties provide in the "Colorado Criminal Code".
Appropriates $41,168 to the department of labor and employment for allocation to the division of workers' compensation and $4,000 to the department of administration for the implementation of this act.
APPROVED by Governor May 19, 1994
EFFECTIVE May 19, 1994
H.B. 94-1353 Petroleum storage tanks - financial responsibility - federal property. Makes the underground storage tank fund financially responsible for damage caused by underground and aboveground petroleum storage tanks located on property pursuant to an agreement with the United States or an agency thereof other than the department of defense or the department of energy.
APPROVED by Governor May 22, 1994
EFFECTIVE May 22, 1994
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