colorado workers compensation act and impact on benefits for testing positive for marijuana use

7/29/2019 Colorado Workers Compensation Act and impact on benefits for testing positive for marijuana use

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Workers Compensation

Insurance ActColorado Marijuana Task Force

January 22, 2013

© 2013 Greenpoint Insurance Advisors, LLC All Rights Reservedwww.marijuanadispensaryinsurance.com



What The Act Says: Benefits

8-42-112. Acts of employees reducing compensation.

● (1) The compensation provided for in articles 40 to 47 of this title

shall be reduced fifty percent:

● (a) Where injury is caused by the willful failure of the employee to

use safety devices provided by the employer;

● (b) Where injury results from the employee's willful failure to obey

any reasonable rule adopted by the employer for the safety of the

employee; or

● (c) (Deleted by amendment, L. 99, p. 581, § 2, effective July 1, 1999.)

© 2013 Greenpoint Insurance Advisors, LLC All Rights Reserved



What The Acts Says: Benefits

● (d) Where the employee willfully misleads an employer concerning

the employee's physical ability to perform the job, and the employee

is subsequently injured on the job as a result of the physical ability

about which the employee willfully misled the employer.

Notwithstanding any other provisions of articles 40 to 47 of this title,

the provisions of this paragraph (d) shall apply in addition to any

other penalty that may be imposed under section 8-43-402.

● (2) In the event the claimant or dependent is receiving periodic

disability benefits for which a reduction in Colorado workers'compensation benefits has been made pursuant to section 8-42-103,

the fifty percent reduction provided for in subsection (1) of this

section shall be computed according to the rate of benefits received

by the claimant or dependent after, and not before, such other

reduction has been made




What The Acts Says: ControlledSubstance

●8-42-112.5. Limitation on payments - use of controlled substances.

(1) Nonmedical benefits otherwise payable to an injured worker are reduced

fifty percent where the injury results from the presence in the worker's system,

during working hours, of controlled substances, as defined in section 18-18-102(5), C.R.S., that are not medically prescribed or of a blood alcohol level at or

above 0.10 percent, or at or above an applicable lower level as set forth by

federal statute or regulation, as evidenced by a forensic drug or alcohol

test conducted by a medical facility or laboratory licensed or certified to

conduct such tests. A duplicate sample from any test conducted must be

preserved and made available to the worker for purposes of a second test to be

conducted at the worker's expense. If the test indicates the presence of such

substances or of alcohol at such level, it is presumed that the employee was

intoxicated and that the injury was due to the intoxication. This presumption

may be overcome by clear and convincing evidence.




What The Acts Says: ControlledSubstance

● (2) As used in this section, "nonmedicalbenefits" means all benefits provided for inarticles 40 to 47 of this title other than

disbursements for medical, surgical, nursing,and hospital services, apparatus, andsupplies.




Points To Consider:

● Insurance carrier relies on the employer's written policyon whether to drug test or not to drug test

● Trace amounts could impact employee's benefits dueto "from the presence."

● 50 Percent reduction in non-medical benefits i.e.income, wages, earnings and lump sum

● Consider amending the act to avoid punishing innocentemployees

● The act says a limit at or above .10 for alcohol. Applymeasurement standard for marijuana?


colorado workers compensation act and impact on benefits for testing positive for marijuana use

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