Substantial Permanent Aggravation

Effective July 1, 1991, if a claimant has an occupational disease, there may be a dispute about which insurance carrier or self-insured employer must pay the benefits.  The party that pays for the benefits is usually determined by referring to a test known as the “last injurious exposure” test.  Senate Bill 218 changed the rule concerning last injurious exposures.  For injuries or occupational diseases occurring on or after July 1, 1991, the employer in whose employment the worker was last injuriously exposed to the hazards of that disease and suffered a substantial permanent aggravation, and the insurance carrier on risk when the worker was so last exposed, are jointly responsible for all benefits.  For occupational diseases occurring before July 1, 1991, the Josie Collins Rule (“last injurious exposure”) will be applied (explained elsewhere in this Glossary).  (Section 8-41-304, C.R.S.).