Labor And Industry - Digest of Bills

Digest of Bills - 1998

LABOR AND INDUSTRY

S.B. 98-87 Structural requirements for buildings - American national standard for buildings and facilities - accessibility and usability for physically handicapped people. In the statutes governing structural requirements for buildings constructed by public or private funds, specifies that the American National Standard Institute pamphlet referred to is the current edition of that pamphlet, commonly cited as "ANSI A117.1". Repeals provisions of law inconsistent with such standard.

APPROVED by Governor April 10, 1998
EFFECTIVE April 10, 1998

H.B. 98-1038 Workers' compensation - premium surcharge - rates for policies with deductibles in excess of the statutory maximum. Directs the commissioner of insurance to adopt rules on or before July 1, 1998, to ensure that payments to the workers' compensation cash fund and the cost containment cash fund, from surcharges on premiums paid for policies of workers' compensation insurance that have deductibles in excess of the maximum imposed by statute, reflect the value of any reduction in premium achieved through the use of such deductibles.

APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998

H.B. 98-1055 Workers' compensation - discovery. Allows parties to a workers' compensation claim to agree to engage in discovery if both parties are represented by an attorney. Eliminates the requirement that discovery or written depositions may not be taken without a prior order from an administrative law judge.

APPROVED by Governor April 2, 1998
EFFECTIVE April 2, 1998

H.B. 98-1062 Workers' compensation - permanent impairment benefits - disputes - selection of independent medical examiner. Adopts a statutory timetable with deadlines to be met by the parties when an independent medical examiner (IME) is to be selected for purposes of resolving a dispute concerning medical treatment under the workers' compensation statutes. Details the procedures for the selection of an IME in such dispute cases.

APPROVED by Governor June 4, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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.

H.B. 98-1067 Unemployment compensation - conformity with federal law. Clarifies that an "employing unit", for purposes of unemployment insurance, includes limited liability partnerships, limited liability companies, and limited liability limited partnerships. Exempts from unemployment coverage alien agricultural workers, certain newspaper distributors and carriers, election workers, employees of nonaffiliated religious schools, and persons who own their own businesses.

Clarifies that "wages" does not include amounts paid to federal saving incentive match plan for employees' ("SIMPLE") retirement plans or to medical savings accounts. Relocates successor employers provisions to clarify that those provisions apply to all successor situations and not just segregable unit transfers.

APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998

H.B. 98-1080 Workers' compensation - extension of definition of medical treatment guidelines. Postpones the repeal of the definition of "medical treatment guidelines" from July 1, 1998, to July 1, 2003.

APPROVED by Governor April 6, 1998
EFFECTIVE April 6, 1998

H.B. 98-1097 Unemployment compensation - definition of term "employer" under "Colorado Employment Security Act" - consistency with "Federal Unemployment Tax Act". Changes the definition of "employer" under the "Colorado Employment Security Act" to mirror the definition of "employer" under the "Federal Unemployment Tax Act". Specifies that, as of January 1, 1999, the term will include any employer that paid wages of $1500 or more during any calendar quarter in the calendar year or the preceding calendar year or employed at least one individual in employment for some portion of the day on each of 20 days during the calendar year or during the preceding calendar year.

Specifies that the new definition does not include nonprofit organizations, political subdivisions, agricultural labor, and domestic services that are covered elsewhere under the "Colorado Employment Security Act", under provisions that already mirror provisions of federal law.

APPROVED by Governor March 23, 1998
EFFECTIVE August 5, 1998
NOTE: This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day 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.

H.B. 98-1126 Unemployment compensation - obsolete provisions. Specifies that, if any period set forth in the unemployment compensation statute ends on a weekend or holiday, such period is extended to the next business day.

Repeals obsolete references to unemployment internship programs. Modifies the requirements for work between claim filings by requiring that claimants must have "earned" instead of "received" an amount of money in order to qualify for compensation in the next year. Specifies that benefits are not payable during the waiting week. Repeals references to workers displaced by returning gulf war veterans.

Changes a reference in the tax code from an expired statute to a current statute that provides for offset of individual state tax refunds for unemployment insurance benefit overpayments.

APPROVED by Governor March 23, 1998
EFFECTIVE March 23, 1998

H.B. 98-1140 Workers' compensation - permanent partial disability - mental stress benefits. Increases the permanent partial disability benefit from $150 per week to $175 per week. Allows an annual increase or decrease in this figure based on the state average weekly wage. Where an injury causes a loss set out in the scheduled injuries schedule and a loss set out in the medical impairment benefit schedule, provides that each loss will be compensated solely on the basis of the respective schedule.

Requires a "mental impairment" to be a recognized impairment. Includes disabilities arising from accidental physical injury that leads to a recognized permanent psychological disability as a "mental impairment". Exempts victims of physical injury or occupational disease that causes neurological brain damage from limitations on medical impairment benefits.

VETOED by Governor April 22, 1998

H.B. 98-1154 Unemployment compensation - benefits - conditions. Requires a claimant to comply with provisions for written medical statements issued by a licensed practicing physician on any matters related to health to be eligible for unemployment insurance benefits. Specifies that the individual is not eligible when the individual is not working due to an authorized and approved leave of absence. Specifies that an employer will not be chargeable for unemployment insurance benefits paid because an employee quits a job for compelling personal reasons not attributable to the employment.

VETOED by Governor April 22, 1998

H.B. 98-1159 Workers' compensation - claim settlement agreements. Requires that a written notice of a settlement agreement shall be provided to the employer for claims that have a settlement value of $75,000 or more.

APPROVED by Governor April 30, 1998
EFFECTIVE April 30, 1998

H.B. 98-1259 Workers' compensation - alternative penalties for noninsurance. Allows the director of the division of workers' compensation to impose a fine of not more than $500 per day in lieu of closing the business for not maintaining workers' compensation coverage. Limits the amount of such fine to the annual cost of the insurance premium that would have been charged to the employer. Specifies that the fine may be imposed only for those days after the employer has been notified of the employer's lack of coverage. Requires the director to suspend any fine if the employer shows proof to the director that the employer has a policy in force.

Requires the director to report to the division each time a fine is imposed, the amount of the fine imposed, and the name of the offending party. Allows the director, once the time for appeals has lapsed or once the appeals have been exhausted, to enforce the action in district court. Specifies that fines imposed are to be credited to the workers' compensation cash fund.

APPROVED by Governor April 6, 1998
EFFECTIVE April 6, 1998

H.B. 98-1365 Unemployment compensation - denial of benefits - drugs or alcohol. Provides that a worker who used alcohol or drugs that were not medically prescribed may be given a full award of benefits only if the division of employment and training in the department of labor and employment notifies the employer and hearing officer and certifies that the worker did not receive a full award of unemployment compensation benefits within the preceding 10 years.

APPROVED by Governor April 21, 1998
EFFECTIVE April 21, 1998