A claimant’s benefits may be reduced, suspended, or completely terminate due to certain behavior, including:
- They fail to report their injury in writing within four (4) days of its occurrence (or within thirty (30) days if it is an occupational disease). (Section 8-43-102, C.R.S.).
- They refuse to submit to a treating doctor’s rescheduled appointment. (Section 8-42-105 (2)(c), C.R.S.; Rule 6-1 (A)(5), DOWC Rules of Procedure.
- They engage in an injurious or unhealthy practice which worsens or prolongs their injury. (Section 8-43-404 (3), C.R.S.).
- They refuse to attend an in dependent medical evaluation. (Section 8-43-404 (3), C.R.S.).
- They refuse to appear or cooperate in a vocational evaluation. (Section 8-43-404 (3), C.R.S).
- They fail to obey an order from the Director or an Administrative Law Judge. (Section 8-43-304 (1), C.R.S.). Every day’s failure to obey the order is considered a separate offense and is punishable by a fine of up to $1000.00 per day.
- They willfully violate a reasonable safety rule or willfully fail to use a safety device provided by their employer, and their behavior causes their injury. (Section 8-42-112(1) (a) and (b), C.R.S.).
- They willfully mislead the employer about their ability to safely perform an offered job, the employer relies on that representation, and the employee is subsequently injured. (Section 8-42-112(1) (d), C.R.S.)
- They have any non-prescribed controlled substance (drug), or at least .10 percent blood alcohol level, in their system during work hours. (Section 8-42-112.5, C.R.S.)
- They fail to show up for modified job which has been approved by their primary treating physician. (Section 8-42-105 (3) (d), C.R.S.; Rule 6-1(A)(4), Division of Workers’ Compensation Rules of Procedure).
Employers can be penalized for a number of things, including failure to file a position statement, (admission of liability or notice of contest) in a timely fashion (Section 8-43-203 (2), C.R.S.), failure to be insured (Sections 8-43-408(1), 8-43-409, C.R.S.), failure to pay a judgment when non-insured (Section 8-43-408(2), C.R.S.), failure to pay medical or permanent disability benefits in a timely fashion (Section 8-43-401 (2), C.R.S.), failure to cooperate with claims managers at the Division of Workers’ Compensation (Section 8-43-218 (3), C.R.S.), and failure to obey an order from the Director of Administrative Law Judge (Sections 8-43-304, 8-43-305, C.R.S.). Penalties vary in amount and to whom they are paid. For example, some penalty awards are shared by the claimant and the Subsequent Injury Fund. (Section 8-43-203(2), C.R.S.).
Cairns & Associates, P.C.
3900 E. Mexico Avenue
Denver, CO 80210
Phone (303) 481-6345
Fax (866) 277-0355