(1) An injured employee may settle all or part of any claim for compensation, benefits, penalties, or interest. If such settlement provides by its terms that the employee's claim or award shall not be reopened, such settlement shall not be subject to being reopened under any provisions of articles 40 to 47 of this title other than on the ground of fraud or mutual mistake of material fact.
Such a settlement shall be in writing and shall be signed by a representative of theemployer or insurer and signed and sworn to by the injured employee. For claims that have a settlement amount of seventy-five thousand dollars or more, a written notice of the settlement agreement shall be provided to the employer.
The settlement shall be reviewed in person with the injured employee and approvedin writing by an administrative law judge or the director of the division prior to the finalization of such settlement. The settlement shall be filed with the division as a part of the injured employee's permanent record.
If an employee owes child support and a garnishment has been filed pursuant tosection 13-54.5-101, C.R.S., or the state child support enforcement agency has filed a notice of administrative lien and attachment pursuant to section 26-13-122, C.R.S., with the insurer or self-insured employer, all proceeds of any award, lump sum settlement, and the indemnity portion of any structured settlement shall be subject to said garnishment or administrative lien and attachment. Proceeds up to the amount of the garnishment or administrative lien and attachment shall be paid as directed on the notice to the obligee or to the state child support enforcement agency on behalf of the obligee to whom support is owed.
If an employee owes a debt for which a writ is issued as a result of a judgment forfraudulently obtained public assistance, fraudulently obtained overpayments of public assistance, or excess public assistance paid for which the recipient was ineligible and a garnishment has been filed pursuant to section 13-54-104 or 13-54.5-101 with the insurer or self-insured employer, all proceeds of any award, lump sum settlement, and the indemnity portion of any structured settlement are subject to the garnishment. Proceeds up to the amount of the garnishment shall be paid as directed by the county department of human or social services responsible for administering the state public assistance programs.
To aid in settlement, the director shall review mortality tables from the United Statesgovernment and private industry and issue rules establishing a single life expectancy table on July 1 in every even-numbered year, commencing July 1, 2010. The director may adopt current mortality tables used by medicare. Nothing in this subsection (6) shall be construed to limit the use of rated ages.
Any lump sum payable as a full or partial settlement shall be paid to the claimant orthe claimant's attorney within fifteen calendar days after the date the executed settlement order is received by the carrier or the noninsured or self-insured employer.
The director shall adopt rules as necessary to implement the procedure to review andapprove settlement documents. At a minimum, the rules must:
Allow a represented claimant to submit settlement documents for approval by electronic mail;
Provide for the approval of settlement documents if the claimant's signature is not anoriginal but is notarized; and
Require the division to electronically mail to counsel of record, or to the insurancecarrier or self-insured employer if not represented, a copy of the division's order approving the settlement agreement of the parties.
Source: L. 90: Entire article R&RE, p. 502, § 1, effective July 1. L. 98: Entire section amended, p. 530, § 1, effective April 30. L. 2001: Entire section amended, p. 720, § 2, effective May 31. L. 2006: (5) added, p. 949, § 7, effective August 7. L. 2010: (6) and (7) added, (SB 10163), ch. 66, p. 233, § 5, effective March 31. L. 2014: (8) added, (SB 14-191), ch. 316, p. 1371, § 2, effective July 1. L. 2018: (5) amended, (SB 18-092), ch. 38, p. 397, § 3, effective August 8.
Editor's note: (1) This section is similar to former § 8-53-105 as it existed prior to 1990.
(2) Section 9 of chapter 208, Session Laws of Colorado 2006, provides that the act enacting subsection (5) applies to judgments entered prior to, on, or after August 7, 2006.
Cross references: (1) For the legislative intent contained in the 2006 act enacting subsection (5), see section 8(2) of chapter 208, Session Laws of Colorado 2006.
(2) For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.