(1) There is hereby created, in the division of insurance in the department of regulatory agencies, the workers' compensation classification appeals board. The board shall hear grievances brought by employers against insurers and Pinnacol Assurance concerning the calculation of experience modification factors and classification assignment decisions. The board shall consist of five voting members, each of whom shall be knowledgeable about workers' compensation classification and experience modification factors, and one nonvoting member, as follows:
Two members shall be either salaried employees of an insurance company that issuesworkers' compensation insurance policies in this state or representatives of Pinnacol Assurance. Such two members shall not both represent Pinnacol Assurance or the same insurance company. In addition, one person shall be selected to serve as an alternate member to represent the interests of the insurance industry or Pinnacol Assurance. The alternate shall represent such interests in the event the primary member recuses himself or herself.
One member, who shall be a nonvoting member, shall be an employee of a workers'compensation rating organization functioning under the provisions of section 10-4-408, C.R.S. The workers' compensation rating organization shall serve as a technical resource for the board.
Three members shall represent private employers. Each private employer membershall be knowledgeable with respect to workers' compensation insurance, rules, and classifications, and shall be familiar with the business environment and community in this state. No private employer member shall be an employee of an insurance company, insurance broker, insurance agent, law firm, actuary, Pinnacol Assurance, or any association of such entities or persons. All private employer board memberships shall be held in the name of an individual. At least one private employer member shall represent the construction industry.
The private employer members and the members representing insurers and PinnacolAssurance shall be appointed by the commissioner of insurance. The workers' compensation rating organization representative shall be appointed by the chief executive officer of such organization or by another officer designated to make such appointment. The commissioner may solicit a list of nominees from any interested party before making such appointments. The commissioner shall immediately notify the workers' compensation rating organization concerning the identity of any appointees.
Each member shall serve one three-year term, and, in addition:
(Deleted by amendment, L. 2002, p. 1889, § 46, effective July 1, 2002.)
A private employer member or member representing the insurance industry or Pinnacol Assurance may serve a second consecutive three-year term; and
The member representing the workers' compensation rating organization may be reappointed without limitation.
Any vacancy on the board shall be filled for the unexpired term in the same manneras the original appointment. The member appointed to fill such vacancy shall be from the same category described in subsection (1) of this section as the member vacating the position.
Members of the board shall serve without compensation, but their reasonable expenses incurred when performing their duties as board members shall be reimbursed from the workers' compensation cash fund created in section 8-44-112 (7). Such expenses shall be limited to travel, food, and lodging expenses.
Members of the board, in their capacity as members, shall be immune from liabilityin all claims for injury that lie in tort or could lie in tort, regardless of whether that may be the type of action or the form of relief chosen by the claimant.
Source: L. 96: Entire article added, p. 1139, § 1, effective October 1. L. 2002: IP(1), (1)(a), (1)(c), (2), and (3) amended, p. 1889, § 46, effective July 1.