§ 8-67-101. Short Title

The short title of this article 67 is the “Colorado Uninsured Employer Act”. Source: L. 2017: Entire article added, (HB 17-1119), ch. 317, p. 1697, § 1, effective July 1.

§ 8-67-102. Legislative Declaration

The general assembly hereby finds and declares that the purpose of this article 67 is to provide a mechanism for the payment of covered claims to workers injured while employed by employers who have failed to obtain and maintain the required workers’ compensation insurance and to avoid excessive delay in payment and financial loss to […]

§ 8-67-103. Definitions

As used in this article 67, unless the context otherwise requires: “Board” means the uninsured employer board created in section 8-67-106. “Covered claim” means a claim for benefits resulting from an injury occurring on or after January 1, 2020, that has been adjudicated to be compensable, for which the employer has been determined to be […]

§ 8-67-104. Exclusions

The following persons may not recover compensation or other benefits from the fund: A partner in a partnership or an owner of a sole proprietorship; A director or officer of a corporation; A member or manager of a limited liability company; An individual who was responsible for obtaining and maintaining the employer’s workers’ compensation insurance […]

§ 8-67-105. Colorado Uninsured Employer Fund

The Colorado uninsured employer fund is hereby created in the state treasury. A board of directors established under section 8-67-106 shall administer the fund under a plan of operation established under section 8-67-108. The money collected for the fund pursuant to articles 40 to 47 of this title 8 shall be transmitted to the state […]

§ 8-67-106. Creation of Board

There is hereby created in the division the uninsured employer board, consisting of the director of the division or the director’s representative and four members appointed by the governor and confirmed by the senate. Appointed members of the board must include at least one individual to represent each of the following: Employers; Labor organizations; Insurers; […]

§ 8-67-107. Powers of the Board – Rules

The board has the following powers and duties: To establish standards and criteria for payment of benefits from the fund; To set minimum and maximum benefit rates; except that benefits paid by the fund shall not exceed the maximum allowed under articles 40 to 47 of this title 8 or set forth by order of […]

§ 8-67-108. Plan of Operation – Rules

The board shall, by rule, adopt a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the fund. If the board fails to adopt a plan of operation on or before September 1, 2018, the director shall, after notice and hearing, adopt and promulgate reasonable rules […]

§ 8-67-109. Effect of Benefits

Notwithstanding this section or articles 40 to 47 of this title 8, a person seeking benefits under this article 67 from the fund is deemed to have assigned his or her rights under articles 40 to 47 of this title 8 to the board to the extent of the benefits paid by the fund. Every […]

§ 8-67-110. Collection of Benefit Reimbursements

The board shall institute practices and procedures as it deems necessary to collect any money due the fund in the form of reimbursement for benefits paid from the fund to an injured worker. Repealed. If, after due notice, an employer defaults in the repayment of any benefits paid by the fund to an injured worker […]

§ 8-67-111. Payment of Benefits

Benefits paid under this article 67 are treated as benefits paid by an insurer or self-insured employer under articles 40 to 47 of this title 8. A person having a single claim against multiple employers is not entitled to receive benefits unless each of the liable employers is uninsured. When paying benefits, the board is […]

§ 8-67-112. Medical Benefits

Medical benefits paid under this article 67 are treated as benefits paid by an insurer or self-insured employer under articles 40 to 47 of this title 8. Upon acceptance of a claim for benefits from the fund, the board may designate a new authorized treating physician. Application to the fund shall be deemed as acceptance […]

§ 8-67-113. Procedure

A controversy concerning any issue arising under this section shall be resolved through hearings in accordance with sections 8-43-207 and 8-43-207.5. In any such hearing, a decision of the board to deny benefits may only be set aside upon a showing of abuse of discretion. The division shall notify the board of any claim determined […]