Search

Colo. Rev. Stat. § 8-42-112.5 (WC)

Colo. Rev. Stat. § 8-42-112.5 – Workers’ Compensation

(1) Nonmedical benefits otherwise payable to an injured worker shall be reduced fifty percent where injury results from the presence in the worker's system, during working hours, of not medically prescribed controlled substances, as defined in section 12-22-303

(2) As used in this section, "nonmedical benefits" means all benefits provided for in articles 40 to 47 of this
title other than disbursements for medical, surgical, nursing, and hospital services, apparatus, and supplies.

(3), C.R.S., or of a blood alcohol level at or above 0.10 percent, or at or above an applicable lower level as set forth by federal statute or regulation, as evidenced by a forensic drug or alcohol test conducted by a medical facility or laboratory licensed or certified to conduct such tests. A duplicate sample from any test conducted shall be preserved and made available to the worker for purposes of a second test to be conducted at the worker's expense. If the test indicates the presence of such substances or of alcohol at such level, it shall be presumed that the employee was intoxicated and that the injury was due to such intoxication. This presumption may be overcome by clear and convincing evidence.

No comments:

Post a Comment

You are welcome to submit your CV with your request to be considered as a reviewer and/or contributor for a particular State. Also, please notify us of information which you think needs to be corrected, refined, new links or additional resources you recommend be added in the Comments Section. Thank you for helping to improve this free resource.