(1) (a) Any employer may agree, as a condition of any contract for the insurance of compensation and benefits as provided in articles 40 to 47 of this title or against liability therefor, to pay an amount not to exceed the split point approved by the commissioner of insurance per claim toward the total amount of any claim payable under articles 40 to 47 of this title. The amount of premium to be paid by an employer who agrees to pay such deductible shall be reduced based upon such deductible in an amount determined by the insurance carrier.
As used in this subsection (1), "split point" means the amount of each loss approvedby the commissioner of insurance that an insurer may apply as the primary loss in each workers' compensation claim. The full amount of primary losses counts in each employer's experience modification calculation that determines the employer's percentage credit or surcharge on workers' compensation coverage. The loss amount above the split point is excess loss and constitutes part of each employer's experience modification calculation.
Nothing in this section abrogates an employer's responsibility to pay the full amountof any compensation and benefits due under articles 40 to 47 of this title. It is a violation of this title for an employer or, if insured, the insurer to require any employee to pay any part of the compensation and benefits due under articles 40 to 47 of this title.
It is a violation of this title for an employer or, if insured, the insurer to require anemployee to use any other type of insurance, regardless of whether it is provided as a benefit of employment, or any other employment benefit, to pay any portion of any compensation and benefits due under articles 40 to 47 of this title.
Nothing in this subsection (1) allows a carrier to stop offering no-deductible policies.
(1.5) Whenever any insurer, including Pinnacol Assurance created in section 8-45-101, issues a workers' compensation policy in this state, and annually thereafter, the insurer must issue a policy including the deductible provision if requested by the insured employer; except that the commissioner shall promulgate rules establishing criteria to allow the insurer to deny a deductible policy to an employer based on financial inability to reimburse the insurer for the deductible plan selected.
The existence of an insurance contract with a deductible or the fact of payment as aresult of a deductible shall not affect the requirement of an employer to report an injury or death to the division as required in section 8-43-103 (1).
The deductible amounts paid by any employer under the provisions of this sectionshall be excluded from consideration by insurance carriers authorized to transact business in Colorado, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles 40 to 47 of this title, in establishing the modification factors based upon experience used by such insurance carriers to determine premiums. For purposes of experience modifications, medical only claims shall be calculated in the same manner as claims with indemnity payments.
Every insurance carrier authorized to transact business in Colorado, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles 40 to 47 of this title, shall clearly and conspicuously inform policyholders of the availability of the deductible option specified in subsection (1) of this section.
Source: L. 90: Entire article R&RE, p. 523, § 1, effective July 1. L. 91: (3) added, p. 1331, § 44, effective July 1. L. 92: Entire section amended, p. 1816, § 1, effective July 1. L. 93: (1.5) added, p. 2085, § 4, effective July 1. L. 2002: (1.5), (3), and (4) amended, p. 1886, § 40, effective July 1. L. 2010: (3) amended, (SB 10-112), ch. 52, p. 196, § 1, effective January 1, 2011. L. 2013: (1) amended, (HB 13-1025), ch. 140, p. 455, § 1, effective July 1.
Editor's note: This section is similar to former § 8-44-116 as it existed prior to 1990.