(1) The compensation provided for in articles 40 to 47 of this title shall be reduced fifty percent:
Where injury is caused by the willful failure of the employee to use safety devicesprovided by the employer;
Where injury results from the employee's willful failure to obey any reasonable ruleadopted by the employer for the safety of the employee; or
(Deleted by amendment, L. 99, p. 581, § 2, effective July 1, 1999.)
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 843-402.
In the event the claimant or dependent is receiving periodic disability benefits forwhich 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.
An admission of liability reducing compensation under this section must include astatement by a representative of the employer listing the specific facts on which the reduction is based.
If the insurer or self-insured employer admits liability for the claim, any party mayrequest an expedited hearing on the issue of whether the employer or insurer may reduce compensation under this section if the application for hearing is filed within forty-five days after the date of the admission reducing compensation under this section. The director shall set any expedited matter for hearing within sixty days after the date of the application. The time schedule for an expedited hearing is subject to the extensions set forth in section 8-43-209. If the party elects not to request an expedited hearing under this subsection (4), the time schedule for hearing the matter is as set forth in section 8-43-209.
Nothing in this section limits the right of a party to submit evidence at a hearingscheduled under this section or section 8-43-209.
Nothing in this section precludes a party from requesting a hearing pursuant to thetime schedule set forth in section 8-43-209.
Source: L. 90: Entire article R&RE, p. 494, § 1, effective July 1. L. 91: (2) added, p. 1351, § 3, effective May 29. L. 99: (1) amended, p. 581, § 2, effective July 1; (1)(d) added, p. 406, § 1, effective September 1. L. 2016: (3) to (6) added, (SB 16-217), ch. 272, p. 1127, § 2, effective July 1.
Editor's note: This section is similar to former § 8-52-104 as it existed prior to 1990.
Cross references: For the legislative declaration in SB 16-217, see section 1 of chapter 272, Session Laws of Colorado 2016.