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CO HB1207
Bill
Status
5/17/2021
Primary Sponsor
Adrienne Benavidez
Click for details
AI Summary
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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.
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Clarifies that overpayments do not need to exist at the time a claimant receives benefits, but can result from circumstances discovered later.
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Preserves insurance carriers' and employers' ability to receive credits against permanent disability benefits for temporary disability benefits paid beyond maximum medical improvement dates.
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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).
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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.
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Takes effect January 1, 2022.
Legislative Description
Overpayment Of Workers' Compensation Benefits
Last Action
Governor Signed
5/17/2021