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CO HB1207

Bill

Status

Passed

5/17/2021

Primary Sponsor

Adrienne Benavidez

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Redefines "overpayment" in workers' compensation law to include four categories: overpayments resulting from fraud, miscalculation/clerical errors asserted within 30 days, payments made in error exceeding existing admissions or orders, and duplicate benefits from wage offsets or wages earned during temporary disability benefits.

  • Clarifies that overpayments do not need to exist at the time a claimant receives benefits, but can result from circumstances discovered later.

  • Preserves insurance carriers' and employers' ability to receive credits against permanent disability benefits for temporary disability benefits paid beyond maximum medical improvement dates.

  • Allows the Director and Administrative Law Judges to determine overpayments and order repayment pursuant to specific statutory sections (8-42-113.5 and 8-43-207).

  • Modifies the award reopening process to address overpayments involving the circumstances described in section 8-42-113.5, with recovery ordered according to that section.

  • Takes effect January 1, 2022.

Legislative Description

Overpayment Of Workers' Compensation Benefits

Last Action

Governor Signed

5/17/2021

Committee Referrals

Business, Labor, & Technology4/9/2021
Committee of the Whole4/1/2021
Business Affairs and Labor3/4/2021

Full Bill Text

No bill text available