(1) The amount by which an employer's experience rating is modified, if at all, as the result of a motor vehicle accident in which an employee is injured or killed shall be reduced in accordance with this section if:
The employee is entitled to benefits under articles 40 to 47 of this title; and
The accident was not caused, wholly or in part, by the employee or the employer;and
The use of a motor vehicle is not an integral part of the employer's business, asdetermined under rules promulgated by the commissioner of insurance under section 10-4-408 (5)(e), C.R.S.
(2) (a) Any modification of an employer's experience rating resulting from an accident described in subsection (1) of this section shall reflect the deduction of a loss limitation, the amount of which shall be determined by the commissioner of insurance under rules adopted pursuant to section 10-4-408 (5)(e), C.R.S.
(b) All loss experience remaining after deduction of the loss limitation referred to in paragraph (a) of this subsection (2) shall be distributed among all workers' compensation classifications in use in the state as determined by the commissioner of insurance. For purposes of such distribution, classifications of businesses of which use of a motor vehicle is an integral part may be treated differently from classifications of businesses of which use of a motor vehicle is not an integral part.
(3) This section applies to all insurers, including Pinnacol Assurance created in section 8-45-101, offering workers' compensation insurance under articles 40 to 47 of this title. The provisions of this section shall be disclosed to all policyholders annually.
Source: L. 94: Entire section added, p. 1366, § 1, effective October 1. L. 2002: (3) amended, p. 1887, § 43, effective July 1.