Administration

C.R.S. tit. 8, art. 47
in effect

C.R.S. § 8-47-101 Division of workers' compensation - creation - powers, duties, and functions - transfer of functions

8-47-101. Division of workers' compensation - creation - powers, duties, and functions - transfer of functions. (1) There is hereby created the division of workers' compensation in the department of labor and employment. Pursuant to section 13 of article XII of the state constitution, the executive director of the department of labor and employment shall appoint the director of the division of workers' compensation, and the director shall appoint such employees as are necessary to carry out the duties and exercise the powers conferred by law upon the division of workers' compensation and the director. (2) The director and the division of workers' compensation shall enforce and administer the provisions of the "Workers' Compensation Act of Colorado", articles 40 to 47 of this title, as provided in said articles and the provisions of article 14.5 of this title. (3) (a) The division of workers' compensation shall, on and after July 1, 1991, execute, administer, perform, and enforce the rights, powers, duties, functions, and obligations vested in the division of labor prior to July 1, 1991, concerning the duties and functions transferred to the division of workers' compensation. On July 1, 1991, all employees of the division of labor whose principal duties are concerned with the duties and functions transferred to the division of workers' compensation and whose employment in the division of workers' compensation is deemed necessary by the executive director of the department of labor and employment to carry out the purposes of this article 47 shall be transferred to the division of workers' compensation and shall become employees thereof. The employees shall retain all rights to the state personnel system and retirement benefits under the laws of this state, and their services shall be deemed to have been continuous. All transfers and any abolishment of positions in the state personnel system shall be made and processed in accordance with state personnel system laws and rules. The division of workers' compensation and the division's director are type 2 entities, as defined in section 24-1-105. (b) Repealed. (c) Whenever the division of labor is referred to or designated by any contract or other document in connection with the duties and functions transferred to the division of workers' compensation, such reference or designation is deemed to apply to the division of workers' compensation. All contracts entered into by the division of labor prior to July 1, 1991, in connection with the duties and functions transferred to the division of workers' compensation, are hereby validated, with the division of workers' compensation succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the division of workers' compensation for the payment of such obligations. d to the division of workers' compensation, are hereby validated, with the division of workers' compensation succeeding to all the rights and obligations of such contracts. Any appropriations of funds from prior fiscal years open to satisfy obligations incurred under such contracts are hereby transferred and appropriated to the division of workers' compensation for the payment of such obligations. (d) (I) Repealed. (II) At the discretion of the state auditor, the state auditor may conduct or cause to be conducted a performance review of the administrative law judges in the office of administrative courts who hear cases under articles 40 to 47 of this title. The review must include, but is not limited to, the following topics: The time elapsed from the date of hearing until decisions are rendered by the administrative law judges; the time elapsed from the point at which the file is complete and the case is ready for order until the decision is rendered by the administrative law judges; the number of decisions that are reversed upon appeal to the industrial claim appeals panel and to the court of appeals respectively; the workload or number of cases assigned to each administrative law judge; and the public perception of the quality of the performance of the office of administrative courts with respect to matters arising under the "Workers' Compensation Act of Colorado". (4) Repealed. (5) On and after July 1, 1991, when any provision of articles 40 to 47 of this title 8 refers to the division of labor, said law shall be construed as referring to the division of workers' compensation. (6) Repealed.

C.R.S. § 8-47-102 Director to enforce orders

8-47-102. Director to enforce orders. If any person fails or refuses to comply with an order of the director, or to obey any subpoena issued by the director or agents of the division, or to furnish the statistics, data, and information required to be furnished to the division by the provisions of articles 40 to 47 of this title, or refuses to permit an inspection as provided in said articles, or being in attendance refuses to be sworn or examined, or to answer a question, or to produce a book or paper when ordered to do so by the director or any of the deputies, agents, or referees of the division, the director may apply to the district court, upon proof by affidavit of the facts, for an order, returnable in not less than three days nor more than five days, directing such person to show cause before the district court which made the order why such person should not be committed to jail. Upon the return of such order, the district court shall examine under oath such person and give the person an opportunity to be heard. If the court determines that the person has refused without legal excuse in any one of the foregoing matters, it may commit the offender to jail forthwith by warrant, there to remain until the person submits to do the act which said person was required to do or until said person is discharged according to law.

C.R.S. § 8-47-103 Orders of director or appeals office - validity

8-47-103. Orders of director or appeals office - validity. All orders of the director or industrial claim appeals office shall be valid and in force and prima facie reasonable and lawful until found otherwise in an action brought for that purpose, pursuant to the provisions of articles 40 to 47 of this title, or until altered or revoked by the director or industrial claim appeals office, as the case may be.

C.R.S. § 8-47-104 Orders and awards - technical objections

8-47-104. Orders and awards - technical objections. Substantial compliance with the requirements of articles 40 to 47 of this title shall be sufficient to give effect to the orders or awards of the director or industrial claim appeals office, and they shall not be declared inoperative, illegal, or void for any omission of a technical nature in respect thereto.

C.R.S. § 8-47-105 Deposit on unpaid compensation or benefits - trust fund - surplus

8-47-105. Deposit on unpaid compensation or benefits - trust fund - surplus. (1) The director has the discretion, at any time, any provisions in articles 40 to 47 of this title to the contrary notwithstanding, to compute and require to be paid to the division, to be held by it in trust, an amount equal to the present value of all unpaid compensation or other benefits in any case computed at the rate of four percent per annum. Such action may be taken after a finding by the director as to the insolvency, the threatened insolvency, or any other condition or danger which may cause the loss of, or which has delayed or may impede, hinder, or delay prompt payment of, compensation or benefits by any insurance carrier or employer. The action and finding of the director shall not be subject to review, and the director shall not be required to give any notice of hearing or hold any hearing prior to taking such action or making such finding. (2) All moneys so paid in shall constitute a separate trust fund in the office of the state treasurer, and, after any such payment is so ordered, the employer or insurance carrier shall thereupon be discharged from any further liability under such award for which payment is made to the extent of the payment made, and the payment of the award shall then be assumed to the extent of payment made by the special trust fund so created. If, for any reason, a beneficiary's right to the compensation awarded and ordered paid into said special trust fund ceases, lapses, or in any manner terminates by virtue of the terms and provisions of articles 40 to 47 of this title so that a surplus not surviving or accruing to any other beneficiary remains in said trust fund of the amount ordered paid into it on behalf of the beneficiary, the insurance carrier or employer who has made said payment shall be entitled to a refund of the present value of said surplus, if any, computed at the rate of four percent per annum. The state treasurer shall invest any portion of the special trust fund, including its surplus and reserves, which the director determines is not needed for immediate use.

C.R.S. § 8-47-106 State average weekly wage - method of computation

8-47-106. State average weekly wage - method of computation. The state average weekly wage shall be established by the director annually on or before July 1 of each year. The state average weekly wage shall be determined from the average weekly earnings referenced in section 8-73-102 (1), computed by the division in June on the basis of the most recent available figures, and applicable to the ensuing twelve months beginning July 1. Such state average weekly wage shall automatically form the basis for establishing maximum benefits under the "Workers' Compensation Act of Colorado" as of 12:01 a.m., July 1, 1974, and at each succeeding time and date annually thereafter.

C.R.S. § 8-47-107 Adoption of rules

8-47-107. Adoption of rules. The director has the power to adopt reasonable and proper rules relative to the administration of articles 40 to 47 of this title and proper rules to govern proceedings and hearings of the division, and the director has the discretion to amend the rules from time to time. No such rule shall limit the jurisdiction of an administrative law judge in the office of administrative courts to hear and decide all matters arising under articles 40 to 47 of this title; except that in any matter where the director has issued an order to enforce a provision of the "Workers' Compensation Act of Colorado", an administrative law judge in the office of administrative courts shall not hear and decide the same matter while it is pending before the director. The rules shall be promulgated in accordance with section 24-4-103, C.R.S.

C.R.S. § 8-47-108 Workers' compensation study - report to general assembly

8-47-108. Workers' compensation study - report to general assembly. (Repealed)

C.R.S. § 8-47-109 Report to general assembly

8-47-109. Report to general assembly. (Repealed)

C.R.S. § 8-47-110 Public officers to enforce orders - furnish information

8-47-110. Public officers to enforce orders - furnish information. It is the duty of all officers and employees of the state, counties, and municipalities, upon the request of the director, to enforce in their respective departments all lawful orders of the director insofar as the same may be applicable and consistent with the general duties of such officers and employees. It is also their duty to make to the director such reports as the director may require concerning matters within their knowledge pertaining to the purposes of articles 40 to 47 of this title and to furnish the director such facts, data, statistics, and information as, from time to time, may come to them pertaining to the purposes of said articles and the duties of the division thereunder, and particularly all information coming to their knowledge respecting the condition of all places of employment subject to the provisions of said articles with regard to the health, protection, and safety of employees and the hazard of risk of such places of employment.

C.R.S. § 8-47-111 Division efforts to ensure employer compliance with workers' compensation coverage requirements - legislative declaration

8-47-111. Division efforts to ensure employer compliance with workers' compensation coverage requirements - legislative declaration. (1) The general assembly finds, determines, and declares that it is in the best interests of the public to assure that all employers who fall under the provisions of articles 40 to 47 of this title have in effect current policies of insurance or self-insurance for workers' compensation liability. (2) In order to implement the declaration in subsection (1) of this section, the division shall develop a procedure for verifying whether or not all employers doing business in the state of Colorado comply with the requirements of article 44 of this title. This procedure must include cross-referencing employer records of the division of unemployment insurance and the division of workers' compensation. Upon identifying employers that are not in compliance with article 44 of this title, the division, with the assistance and cooperation of the attorney general, shall use all available means under articles 40 to 47 of this title to ensure compliance. Every insurance carrier authorized to transact business in this state, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles 40 to 47 of this title, shall furnish the division, upon request, all information required by it to accomplish the purposes of this section.

C.R.S. § 8-47-112 Division website - procedures to file complaints

8-47-112. Division website - procedures to file complaints. The director shall clearly post on the division's website the procedure for an injured worker to follow to file a complaint with the division regarding any issue over which the director or his or her designee has authority to pursue, settle, or enforce pursuant to articles 40 to 47 of this title.

C.R.S. § 8-47-201 Information to division - blanks - verification

8-47-201. Information to division - blanks - verification. Every employer receiving from the division any blanks with directions to fill out the same or requests for information required for the purposes of articles 40 to 47 of this title shall properly fill out the blanks and furnish the information so requested fully and correctly. The director may require that any information requested by the division be verified under oath and may fix the time within which said information shall be returned.

C.R.S. § 8-47-202 Information furnished to division - confidential use

8-47-202. Information furnished to division - confidential use. Every employer shall furnish the division, upon request, all information required by it to accomplish the purposes of articles 40 to 47 of this title. The information shall be for the confidential use of the division, unless otherwise ordered by the director, and shall not be open to the public nor used in any court or any action or proceeding pending therein, unless the director is a party to such action or proceeding.

C.R.S. § 8-47-203 Access to files, records, and orders - definition

8-47-203. Access to files, records, and orders - definition. (1) Notwithstanding the provisions of section 8-47-202, the filing of a claim for compensation is deemed to be a limited waiver of the doctor-patient privilege to persons who are necessary to resolve the claim. The release of mental health records pursuant to this section must comply with section 8-47-203.2. Access to claim files maintained by the division are permitted only as follows: (a) Workers' compensation claim files shall be available for inspection upon request by the parties to the claim, including the claimant, the employer, and the insurer or their attorneys or other designated representatives. The parties to a claim may review other claim files relating to the said claimant. (b) Persons who are not parties to a claim, or their attorneys or designated representatives, and who wish to inspect or obtain information from claim files may submit a request to inspect a particular file, stating the purpose for such inspection. The director may disallow such requests if the purpose of the inspection is to further commercial interests, to disseminate information to nonparties, or if the inspection does not comply with section 8-47-203.2. Any such request shall be considered and determined by the division within seventy-two hours. (c) (I) (A) The director may permit access to other governmental entities only as required for the performance of their official duties and only if those official duties relate to enforcement of articles 40 to 47 of this title 8. As used in this subsection (1)(c)(I), "enforcement" includes duties of governmental entities involved in the administration of articles 40 to 47 of this title 8 or if such duties relate to the enforcement of child support under section 26-13-122. This subsection (1)(c)(I)(A) is not intended to restrict the rights of persons otherwise provided for in articles 40 to 47 of this title 8 to inspect and copy files. (B) Notwithstanding any other provision of this title 8, the department of revenue may access results of an inquiry made by the division to determine whether an employer has liability pursuant to articles 22 to 29 of title 39. (C) Notwithstanding any other provision of this title 8, the division of family and medical leave insurance may access records regarding compensability and benefit payments of workers' compensation claims for the purposes of coordinating the benefits of and otherwise enforcing article 13.3 of this title 8. (II) The general assembly intends that any contract, agreement, or any other means to transfer information between the department of labor and employment and any other governmental entity related to access to claim files in effect prior to May 27, 1997, shall be conformed to the provisions of this paragraph (c), as amended, or terminated as authorized by law. (III) Notwithstanding articles 40 to 47 of this title 8, the director may provide information to the Colorado uninsured employer board created in section 8-67-106, as necessary, to exercise its powers and duties. (d) Persons entitled to review claim files may obtain copies upon payment of the fee set by the division. Such persons shall not disseminate information contained in those files except as required to resolve the claim, or as permitted by the director, or as permitted by law. (e) Claimants may waive the protection of this statute by executing a waiver for the release of information. The waiver must be dated and will be effective for ninety days thereafter. (2) All orders entered by the director or an administrative law judge pursuant to articles 40 to 47 of this title shall be made available by the division for inspection or copying for a fee reflecting actual costs; except that the name and other identifying information concerning the claimant and employer shall be excised.

C.R.S. § 8-47-203.2 Mental health records - disclosure - rules - definition

8-47-203.2. Mental health records - disclosure - rules - definition. (1) As used in this section, unless the context otherwise requires, "mental health record" means the following records pertaining to the claimant: (a) Psychological or psychiatric tests, including neuropsychological testing; (b) Other records prepared by or for a mental health provider; (c) Independent medical examination records, audio recordings, and reports that address psychological or psychiatric issues; (d) Division independent medical evaluation records and reports that address psychological or psychiatric issues; and (e) Records relating to the evaluation, diagnosis, or treatment of a substance use or abuse disorder. (2) A mental health provider shall provide mental health records to: (a) The insurer, or if self-insured, the employer, as necessary for payment of services and adjustment and adjudication of claims involving psychological or psychiatric issues; (b) The employer, as necessary for the employer to comply with applicable state or federal laws, rules, and regulations; and (c) The referring physician and any other relevant treating or evaluating providers, as necessary. (3) (a) Mental health records provided pursuant to subsection (2) of this section shall not be disclosed to any person who is not reasonably necessary for the medical evaluation, adjustment, or adjudication of claims involving psychological or psychiatric issues unless disclosure is otherwise directed by order of the director or an administrative law judge. (b) (I) An insurer may release information from a claimant's mental health records concerning any work restrictions placed on the claimant to the claimant's employer, supervisor, or manager, and information as necessary for the adjustment and adjudication of a claim, but shall not disclose the claimant's actual mental health records to any third party who is not directly involved in medically evaluating, adjusting, or adjudicating claims involving psychological or psychiatric issues without the consent of the claimant unless disclosure is otherwise ordered by the director or an administrative law judge. (II) Notwithstanding subsection (3)(b)(I) of this section, if the claimant's mental health provider or physician objects to the release of mental health records, the insurer shall not disclose the mental health records to a third party unless otherwise ordered by the director or an administrative law judge. (c) If an employer is self-insured, upon receipt of mental health records, the employer: (I) Shall maintain mental health records under restricted access, separate from personnel files, and with clear policies and training to ensure the claimant's privacy is protected; and (II) (A) May disclose information from the claimant's mental health records concerning any work restrictions placed on the claimant to the claimant's supervisor or manager and information as necessary for the adjustment or adjudication of a claim, but shall not disclose the claimant's actual mental health records to any third party who is not directly involved in medically evaluating, adjusting, or adjudicating claims involving psychological or psychiatric issues without the consent of the claimant, unless disclosure is otherwise ordered by the director or an administrative law judge. (B) Notwithstanding subsection (3)(c)(II)(A) of this section, if the claimant's mental health provider or physician objects to the release of mental health records, the self-insured employer shall not disclose the mental health records to any third party unless otherwise ordered by the director or an administrative law judge. re is otherwise ordered by the director or an administrative law judge. (B) Notwithstanding subsection (3)(c)(II)(A) of this section, if the claimant's mental health provider or physician objects to the release of mental health records, the self-insured employer shall not disclose the mental health records to any third party unless otherwise ordered by the director or an administrative law judge. (d) (I) A third party receiving mental health records pursuant to this subsection (3) shall not disclose the claimant's actual mental health records to any person who is not directly involved in medically evaluating, adjusting, or adjudicating claims involving psychological or psychiatric issues without the consent of the claimant, unless otherwise ordered by the director or an administrative law judge. (II) Notwithstanding subsection (3)(d)(I) of this section, if the claimant's mental health provider or physician objects to the release of mental health records, the third party shall not disclose the mental health records to any other third party unless otherwise ordered by the director or an administrative law judge. (4) The director may promulgate rules necessary for the implementation of this section.

C.R.S. § 8-47-203.3 Release of location information concerning individuals with outstanding felony arrest warrants

8-47-203.3. Release of location information concerning individuals with outstanding felony arrest warrants. (1) Notwithstanding any provision of state law to the contrary and to the extent allowable under federal law, at the request of the Colorado bureau of investigation, the division shall provide the bureau with information concerning the location of any person whose name appears in the division's records who is the subject of an outstanding felony arrest warrant. Upon receipt of such information, it shall be the responsibility of the bureau to provide appropriate law enforcement agencies with location information obtained from the division. Location information provided pursuant to this section shall be used solely for law enforcement purposes. The division and the bureau shall determine and employ the most cost-effective method for obtaining and providing location information pursuant to this section. Neither the division nor its employees or agents shall be liable in civil action for providing information in accordance with the provisions of this subsection (1). (2) As used in subsection (1) of this section, "law enforcement agency" means any agency of the state or its political subdivisions that is responsible for enforcing the laws of this state. "Law enforcement agency" includes but is not limited to any police department, sheriff's department, district attorney's office, the office of the state attorney general, and the Colorado bureau of investigation.

C.R.S. § 8-47-204 Employees of division - qualifications

8-47-204. Employees of division - qualifications. The executive director has the power to employ, pursuant to section 13 of article XII of the state constitution, such deputies, experts, statisticians, accountants, inspectors, clerks, and other employees as may be necessary to carry out the provisions of articles 40 to 47 of this title or to perform the duties and exercise the powers conferred by law upon the division.

C.R.S. § 8-47-205 Salaries of employees of division

8-47-205. Salaries of employees of division. All deputies, statisticians, accountants, clerks, experts, and other employees of the division shall receive such compensation as may be fixed by law. The salaries so fixed shall be paid from the fund appropriated for the use of the division after approval by the director.

C.R.S. § 8-47-206 Employees of division - bonds

8-47-206. Employees of division - bonds. Such employees of the division as shall be directed by the director shall furnish surety company bonds in such sum as may be fixed by the director, the premiums therefor to be paid as other expenses of the division are paid.

C.R.S. § 8-47-207 Collection of statistics

8-47-207. Collection of statistics. The director or any agents of the division may enter into any place of employment for the purpose of collecting facts and statistics, examining the provisions made for the health, protection, and safety of the employees, and bringing to the attention of every employer any rule, order, or requirement of the division, or any law, or any failure on the part of any employer to comply therewith.

C.R.S. § 8-47-208 Records of employers open to inspection of division

8-47-208. Records of employers open to inspection of division. All books, records, and payrolls of employers or of any contractor, subcontractor, lessee, sublessee, or person showing or reflecting in any way upon the amount of wage expenditure of such employers, contractor, subcontractor, lessee, sublessee, or person and all other facts, data, and statistics appertaining to the purposes of this article shall always be open for inspection by the director or any agents of the division for the purpose of ascertaining the correctness of the reported wage expenditure, number of persons employed, and such other information as may be necessary for the uses and purposes of the division in the administration of the "Workers' Compensation Act of Colorado".

C.R.S. § 8-47-209 Expenses of division

8-47-209. Expenses of division. All expenses incurred by the division pursuant to the provisions of the "Workers' Compensation Act of Colorado" shall be paid from funds appropriated for the use of the division upon claims therefor which shall be itemized and sworn to by the person who incurred the same. The claims shall be allowed by the director subject to the approval of the controller. The traveling expenses of the director or of any employees of the division, incurred while on business of the division outside of the state of Colorado, shall be paid in the manner aforesaid, but only when such expenses are authorized in advance by the controller to be incurred by the division.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-08.docxFetched: 10/6/2026