A claimant’s worker’s compensation benefits may be reduced 50% if the insurance carrier or self-insured employee proves one or more of the following:

  1. They willfully failed to use a safety device provided by the employer. (Section 8-42-112(1) (a), C.R.S.).
  1. They willfully failed to obey any reasonable rule adopted by the employer for their safety. (Section 8-42-112(1) (b);
  1. They were intoxicated. (Section 8-42-112.5);
  1. They had controlled (illegal) substances in their blood during work hours. (Section 8-42-112.5); and/or;
  1. They willfully misled the hiring employer about the ability to safely perform their job. (Section 8-42-112(1)(D).

The insurance carrier or employer must show that the injury resulted from a worker’s wrongful act.

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