2020 Colorado Revised Statutes
Title 8 - Labor And Industry
Article 41. Coverage and Liability
Section 8-41-301. Conditions of recovery - definitions.
(1) The right to the compensation provided for in articles 40 to 47 of this title, in lieu of any other liability to any person for any personal injury or death resulting therefrom, shall obtain in all cases where the following conditions occur:
Where, at the time of the injury, both employer and employee are subject to theprovisions of said articles and where the employer has complied with the provisions thereof regarding insurance;
Where, at the time of the injury, the employee is performing service arising out ofand in the course of the employee's employment;
Where the injury or death is proximately caused by an injury or occupational diseasearising out of and in the course of the employee's employment and is not intentionally selfinflicted.
(2) (a) A claim of mental impairment must be proven by evidence supported by the testimony of a licensed psychiatrist or psychologist. A mental impairment shall not be considered to arise out of and in the course of employment if it results from a disciplinary action, work evaluation, job transfer, lay-off, demotion, promotion, termination, retirement, or similar action taken in good faith by the employer. The mental impairment that is the basis of the claim must have arisen primarily from the claimant's then occupation and place of employment in order to be compensable.
(a.5) Repealed.
Notwithstanding any other provision of articles 40 to 47 of this title, where a claim isby reason of mental impairment, the claimant shall be limited to twelve weeks of medical impairment benefits, which shall be in an amount not less than one hundred fifty dollars per week and not more than fifty percent of the state average weekly wage, inclusive of any temporary disability benefits; except that this limitation shall not apply to any victim of a crime of violence, without regard to the intent of the perpetrator of the crime, nor to the victim of a physical injury or occupational disease that causes neurological brain damage; and nothing in this section shall limit the determination of the percentage of impairment pursuant to section 842-107 (8) for the purposes of establishing the applicable cap on benefits pursuant to section 842-107.5.
The claim of mental impairment cannot be based, in whole or in part, upon facts andcircumstances that are common to all fields of employment.
The mental impairment which is the basis of the claim must be, in and of itself, eithersufficient to render the employee temporarily or permanently disabled from pursuing the occupation from which the claim arose or to require medical or psychological treatment.
(3) For the purposes of this section:
"Mental impairment" means a recognized, permanent disability arising from an accidental injury arising out of and in the course of employment when the accidental injury involves no physical injury and consists of a psychologically traumatic event. "Mental impairment" also includes a disability arising from an accidental physical injury that leads to a recognized permanent psychological disability.
(I) "Psychologically traumatic event" means an event that is generally outside of aworker's usual experience and would evoke significant symptoms of distress in a worker in similar circumstances.
(II) "Psychologically traumatic event" also includes an event that is within a worker's usual experience only when the worker is diagnosed with post-traumatic stress disorder by a licensed psychiatrist or psychologist after the worker experienced exposure to one or more of the following events:
The worker is the subject of an attempt by another person to cause the worker serious bodily injury or death through the use of deadly force, and the worker reasonably believes the worker is the subject of the attempt;
The worker visually or audibly, or both visually and audibly, witnesses a death, orthe immediate aftermath of the death, of one or more people as the result of a violent event; or
The worker repeatedly and either visually or audibly, or both visually and audibly,witnesses the serious bodily injury, or the immediate aftermath of the serious bodily injury, of one or more people as the result of the intentional act of another person or an accident.
(c) "Serious bodily injury" means bodily injury that, either at the time of the actual injury or a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body.
Source: L. 90: Entire article R&RE, p. 479, § 1, effective July 1. L. 91: (2) amended, p. 1294, § 7, effective July 1. L. 99: (2)(a) and (2)(b) amended and (2)(a.5) added, p. 299, § 2, effective July 1. L. 2006: (2)(b) amended, p. 98, § 1, effective July 1. L. 2009: (2)(b) amended, (SB 09-243), ch. 269, p. 1222, § 1, effective July 1. L. 2017: (2)(a) amended and (3) added, (HB 17-1229), ch. 328, p. 1756, § 1, effective July 1, 2018; (2)(a.5)(II) added by revision, (HB 171229), pp. 1756, 1757, §§ 1, 2. L. 2020: (3)(b)(II)(B) and (3)(b)(II)(C) amended, (SB 20-026), ch. 142, p. 619, § 1, effective September 14.
Editor's note: (1) This section is similar to former § 8-52-102 as it existed prior to 1990.
(2) Subsection (2)(a.5)(II) provided for the repeal of subsection (2)(a.5), effective July 1, 2018. (See L. 2017, pp. 1756, 1757.)
