Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 22-0920.01 Yelana Love x2295
HOUSE BILL 22-1347
House Committees Senate Committees
Business Affairs & Labor Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING WORKERS ' COMPENSATION , AND, IN CONNECTION101
THEREWITH, INCREASING FUNERAL BENEFITS , ALLOWING FOR102
ADVANCE MILEAGE EXPENSE PAYMENTS , ADDRESSING THE103
PAYMENT OF SCHEDULED RATINGS , AND REQUIRING REPORTING104
OF CERTAIN ACTIVE MEDICAL TREATMENTS .105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill amends the "Workers' Compensation Act of Colorado" by:
! Creating a process for a claimant to receive advance
SENATE
Amended 2nd Reading
April 28, 2022
HOUSE
3rd Reading Unamended
April 18, 2022
HOUSE
2nd Reading Unamended
April 14, 2022
HOUSE SPONSORSHIP
Daugherty, Bacon, Bernett, Bird, Boesenecker, Duran, Exum, Gonzales-Gutierrez, Gray,
Herod, Jodeh, Lindsay, Mullica, Titone, Weissman, Woodrow
SENATE SPONSORSHIP
Rodriguez,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. payment for mileage expenses for travel that is reasonably
necessary and related to obtaining compensable treatment,
supplies, or services;
! Specifying how to determine the benefit amount for
medical impairment when the amount payable using the
schedule of injuries would exceed the amount payable for
nonscheduled injuries;
! Increasing the benefit payable for funeral and burial
expenses; and
! Requiring reporting of active medical treatments necessary
to cure and relieve an injury lasting for a period of more
than 180 calendar days after the date of the injury.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 8-42-101, amend (7)2
as follows:3
8-42-101. Employer must furnish medical aid - approval of4
plan - fee schedule - contracting for treatment - no recovery from5
employee - medical treatment guidelines - accreditation of physicians6
and other medical providers - mileage reimbursement - rules -7
definition - repeal. (7) (a) E
XCEPT AS PROVIDED IN SUBSECTIONS (7)(b)8
AND (7)(c) OF THIS SECTION, a claimant must submit a request for mileage9
expense reimbursement for travel reasonably necessary and related to10
obtaining compensable treatment, supplies, or services specified in11
subsection (1)(a) of this section to the employer or, if insured, to the12
employer's insurer no later than one hundred twenty days after the date13
the expense is incurred, unless good cause for a later submission is14
shown. Good cause includes a failure by the employer or employer's15
insurer to provide the notice in the brochure required by section 8-43-20316
(3)(c)(IV). Within thirty days after the date the claimant submits the17
request for mileage expense reimbursement, the employer or employer's18
insurer shall pay the mileage expenses or, if denying the request, provide19
1347-2- written notice to the claimant stating the reason the request was denied.1
(b) W
ITHIN SEVEN DAYS AFTER THE DATE OF RECEIPT OF A2
CLAIMANT'S WRITTEN REQUEST FOR ADVANCE MILEAGE EXPENSES FOR3
TRAVEL THAT IS REASONABLY NECESSARY AND RELATED TO OBTAINING4
COMPENSABLE TREATMENT , SUPPLIES, OR SERVICES SPECIFIED IN5
SUBSECTION (1)(a) OF THIS SECTION AND REQUIRES ROUND -TRIP TRAVEL6
GREATER THAN ONE HUNDRED MILES , THE EMPLOYER OR THE EMPLOYER'S7
INSURER SHALL PAY THE ADVANCE MILEAGE EXPENSES OR , IF DENYING8
THE REQUEST, PROVIDE WRITTEN NOTICE TO THE CLAIMANT STATING THE9
REASON THE REQUEST WAS DENIED .10
(c) I
F ADVANCE MILEAGE EXPENSE PAYMENT IS MADE PURSUANT11
TO THIS SUBSECTION (7), AND THE SPECIFIC TRAVEL FOR WHICH PAYMENT12
WAS PROVIDED DOES NOT OCCUR , THE EMPLOYER OR, IF INSURED, THE13
EMPLOYER'S INSURER IS ENTITLED TO A CREDIT IN THE AMOUNT OF THE14
PAYMENT TO BE APPLIED AGAINST LIABILITY FOR ANY FUTURE MILEAGE15
EXPENSE REIMBURSEMENTS .16
SECTION 2. In Colorado Revised Statutes, 8-42-107, amend17
(1)(b), (8)(a), and (8)(c.5); and add (7)(b)(IV) as follows:18
8-42-107. Permanent partial disability benefits - schedule -19
medical impairment benefits - how determined. (1) Benefits20
available. (b) When an injury results in permanent medical impairment21
and the employee has an injury or injuries not
LISTED on the schedule22
specified in subsection (2) of this section, the employee shall be
IS limited23
to medical impairment benefits as specified in subsection (8) of this24
section,
EXCEPT AS PROVIDED IN SUBSECTION (7)(b)(IV) OF THIS SECTION.25
(7) (b) (IV) W
HEN AN EMPLOYEE SUSTAINS AN INJURY ON THE26
SCHEDULE OF INJURIES LISTED IN SUBSECTION (2) OF THIS SECTION THAT27
1347
-3- MAY ALSO BE COMPENSATED AS SPECIFIED IN SUBSECTION (8) OF THIS1
SECTION, IF THE AMOUNT OF COMPENSATION FOR MEDICAL IMPAIRMENT2
WHEN USING THE SCHEDULE OF INJURIES IN SUBSECTION (2) OF THIS3
SECTION WOULD BE GREATER THAN THE NONSCHEDULED IMPAIRMENT4
BENEFITS IN SUBSECTION (8) OF THIS SECTION, THEN THE EMPLOYEE IS5
ENTITLED TO THE COMPENSATION SPECIFIED IN SUBSECTION (2) OF THIS6
SECTION.7
(8) Medical impairment benefits - determination of MMI for8
scheduled and nonscheduled injuries. (a) When an injury results in9
permanent medical impairment not set forth in the schedule in subsection10
(2) of this section, the employee shall be IS limited to medical impairment11
benefits calculated as provided in this subsection (8),
EXCEPT AS12
PROVIDED IN SUBSECTION (7)(b)(IV) OF THIS SECTION. The procedures for13
determination of maximum medical improvement set forth in paragraph
14
(b) of this subsection (8) shall be SUBSECTION (8)(b) OF THIS SECTION ARE15
available in cases of injuries set forth in the schedule in subsection (2) of16
this section and also in cases of injuries that are not set forth in said17
schedule.18
(c.5) When an injury results in the total loss or total loss of use of19
an arm at the shoulder, a forearm at the elbow, a hand at the wrist, a leg20
at the hip or so near thereto as to preclude the use of an artificial limb, the21
loss of a leg at or above the knee where the stump remains sufficient to22
permit the use of an artificial limb, a foot at the ankle, an eye, or a23
combination of any such losses, the benefits for such loss shall be24
determined pursuant to this subsection (8),
EXCEPT AS PROVIDED IN25
SUBSECTION (7)(b)(IV) OF THIS SECTION.26
SECTION 3. In Colorado Revised Statutes, amend 8-42-123 as27
1347
-4- follows:1
8-42-123. Funeral and burial expenses. (1) When, as a2
proximate result of an injury, death occurs to an injured employee, there3
shall be paid in one lump sum within thirty days after death a sum not to4
exceed seven thousand TWELVE THOUSAND FIVE HUNDRED dollars for5
reasonable funeral and burial expenses. Said sum may be paid to the6
undertaker, cemetery, PERSON PROVIDING FUNERAL OR BURIAL SERVICES7
or any other person who has paid the funeral and burial costs. if the8
director so orders. If the employee leaves no dependents, compensation9
shall be IS limited to said sum and the compensation if any, which has10
THAT MAY HAVE accrued to date of death and OR BEEN PAID TO THE11
DECEASED EMPLOYEE DURING THE DECEASED EMPLOYEE 'S LIFETIME FOR12
DISABILITY; the medical, surgical, and hospital expenses provided in13
articles 40 to 47 of this title TITLE 8; AND ANY AMOUNT OR PAYMENT DUE14
UNDER SECTION 8-46-101. IF THe deceased employee leaves dependents,15
said sum shall be paid in addition to all other sums of compensation16
provided for in this article ARTICLE 42.17
(2) O
N JULY 1, 2023, AND EACH JULY 1 THEREAFTER, THE18
DIRECTOR SHALL ADJUST THE MAXIMUM AMOUNT PAYABLE FOR FUNERAL19
AND BURIAL EXPENSES PROVIDED IN SUBSECTION (1) OF THIS SECTION BY20
THE PERCENTAGE OF THE ADJUSTMENT MADE BY THE DIRECTOR TO THE21
STATE AVERAGE WEEKLY WAGE PURSUANT TO SECTION 8-47-106.22
SECTION 4. In Colorado Revised Statutes, 8-43-101, amend (1)23
as follows:24
8-43-101. Record of injuries - occupational disease - reported25
to division - rules - definition. (1) (a) Every employer shall keep a26
record of: All
EMPLOYEE injuries that result in fatality, to, or
permanent27
1347
-5- physical impairment, of, or lost time from work for the injured employee1
in excess of three shifts or calendar days,
OR ACTIVE MEDICAL2
TREATMENT FOR A PERIOD OF MORE THAN ONE HUNDRED EIGHTY3
CALENDAR DAYS AFTER THE DATE THE INJURY WAS FIRST REPORTED TO4
THE EMPLOYER; and the contraction by an employee of an occupational5
disease that has been listed by the director by rule. Within ten days after6
notice or knowledge that an employee has contracted such an7
occupational disease; or the occurrence of a permanently physically
8
impairing injury or OF AN INJURY THAT RESULTS IN PERMANENT PHYSICAL9
IMPAIRMENT, OF A lost-time injury, to an employee; OR OF AN INJURY10
THAT RESULTS IN ACTIVE MEDICAL TREATMENT FOR A PERIOD OF MORE11
THAN ONE HUNDRED EIGHTY CALENDAR DAYS AFTER THE DATE THE12
INJURY WAS FIRST REPORTED TO THE EMPLOYER , or immediately in the13
case of a fatality, the employer shall, upon forms prescribed by the14
division for that purpose, report
TO THE DIVISION said occupational15
disease, permanently physically impairing injury, lost-time injury,
INJURY16
REQUIRING ACTIVE MEDICAL TREATMENT FOR A PERIOD OF MORE THAN17
ONE HUNDRED EIGHTY CALENDAR DAYS AFTER THE DATE THE INJURY WAS18
FIRST REPORTED TO THE EMPLOYER, or fatality. to the division.
The report19
shall MUST contain such THE information as shall be required by the20
director.21
(b) A
S USED IN THIS SUBSECTION (1), "ACTIVE MEDICAL22
TREATMENT":23
(I) M
EANS TREATMENT THAT IS DETERMINED BY AN AUTHORIZED24
TREATING PHYSICIAN TO BE REASONABLY NECESSARY TO CURE AND25
RELIEVE THE INJURY AND THAT REQUIRES ONGOING SUPERVISION BY AN26
AUTHORIZED TREATING PHYSICIAN AS DOCUMENTED BY WRITTEN MEDICAL27
1347
-6- REPORT;1
(II) D
OES NOT INCLUDE TREATMENT THAT IS NOT REASONABLY2
EXPECTED TO IMPROVE THE CONDITION OR ANY TREATMENT THAT DOES3
NOT REQUIRE THE SUPERVISION OF A LICENSED PHYSICIAN , INCLUDING4
GYM OR POOL MEMBERSHIPS OR HOME EXERCISE PROGRAMS ; AND5
(III) T
ERMINATES WHEN THERE HAS BEEN AN ABANDONMENT OF6
CARE OR DISCHARGE FROM CARE FOR NONCOMPLIANCE PRIOR TO7
EXPIRATION OF THE ONE-HUNDRED-EIGHTY-DAY PERIOD SET FORTH IN8
SUBSECTION (1)(a) OF THIS SECTION.9
SECTION 5. In Colorado Revised Statutes, 8-44-206, amend
10
(3)(a), (4)(a), and (5); and repeal (2) as follows:11
8-44-206. Guaranty fund - immediate payment fund.12
(2) Creation of special funds board - duties. (a) For the purposes of13
carrying out this section, there is hereby created a special funds board14
which shall exercise its powers and perform its duties and functions as15
specified in this subsection (2) under the department of labor and16
employment as if the same were transferred to the department by a type17
2 transfer as such transfer is defined in the "Administrative Organization18
Act of 1968", article 1 of title 24, C.R.S. Said board shall be composed19
of five members: Four members who are managers or employees of20
self-insured employers in good standing, two of whom shall demonstrate21
knowledge of risk management and finance, and the executive director.22
(b) With the exception of the executive director, the board23
members shall be appointed by the governor and approved by the senate.24
The terms of the members of the board first appointed shall be four years,25
three years, two years, and one year, respectively. Thereafter, the term for26
each appointed board member shall be four years. Members of the board27
1347
-7- may be reappointed and the executive director shall serve continuously.1
(c) The members of the board shall receive no compensation but2
shall be reimbursed for actual and necessary traveling and subsistence3
expenses incurred in the performance of their duties as members of the4
board.5
(d) (I) The board shall determine the assessments to be made6
pursuant to subsections (3) and (4) of this section and shall determine the7
qualifications and requirements for any claims administrators hired to8
adjust the claims of a self-insurer who fails to meet his obligations with9
respect to benefits awarded pursuant to articles 40 to 47 of this title.10
(II) The board shall also participate, in an advisory capacity only,11
in matters concerning the granting or termination of self-insurance12
permits and the setting of security requirements.13
(3) Immediate payment fund - assessments - creation of fund.14
(a) The board DIRECTOR shall impose an assessment upon each employer15
self-insured under section 8-44-201. Assessments under this subsection16
(3) shall be based upon a ratio equal to the self-insured employer's paid17
workers' compensation medical and indemnity losses for the most recent18
self-insurance permit year divided by the aggregate sum of paid medical19
and indemnity losses by all self-insured employers for that year. Such20
losses shall be determined on July 1, 1990, for the most recently21
completed permit year, and on the first day of July for each year thereafter22
until the minimum fund balance has been reached. Contributions to the23
fund shall not be assets of the self-insured employer.24
(4) Guaranty fund - assessments - creation of fund. (a) When25
the board DIRECTOR determines that existing security held by an employer26
self-insured under section 8-44-201 is insufficient to meet its existing27
1347
-8- liability for workers' compensation benefits, the board DIRECTOR shall1
impose an assessment on each self-insured employer. The assessment2
shall be based on a ratio which equals each self-insured employer's paid3
workers' compensation medical and indemnity losses for the most recent4
self-insurance permit year divided by the aggregate sum of paid medical5
and indemnity losses by all self-insured employers for that year. If6
necessary, the executive director may direct the board DIRECTOR to make7
an annual assessment thereafter until such time as the present value of the8
guaranty fund, created in paragraph (b) of this subsection (4) SUBSECTION9
(4)(b)
OF THIS SECTION, equals the total liability for workers'
10
compensation benefits which are in excess of the security held by the11
defaulting self-insured employers.12
(5) The department shall select any claims administrators required13
under this section based on the qualifications and requirements14
established by the board DIRECTOR. For the purpose of contracting for15
such services, the department shall not be subject to articles 101 to 11416
of title 24. C.R.S.17
SECTION 6. Act subject to petition - effective date -18
applicability. (1) This act takes effect at 12:01 a.m. on the day following19
the expiration of the ninety-day period after final adjournment of the20
general assembly; except that, if a referendum petition is filed pursuant21
to section 1 (3) of article V of the state constitution against this act or an22
item, section, or part of this act within such period, then the act, item,23
section, or part will not take effect unless approved by the people at the24
general election to be held in November 2022 and, in such case, will take25
effect on the date of the official declaration of the vote thereon by the26
governor.27
1347
-9- (2) This act applies to injuries occurring, and mileage1
reimbursement claims in existence, on or after the applicable effective2
date of this act.3
1347
-10-