2021 Colorado Code
Title 8 - Labor and Industry
Article 41 - Coverage and Liability
Part 2 - Coverage
§ 8-41-207. Death After Two Years
In case death occurs more than two years after the date of receiving any injury, such death shall be prima facie presumed not to be due to such injury; such presumption shall not apply in cases of silicosis, asbestosis, anthracosis, or disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds. In all other cases, such presumption may be rebutted by competent evidence.
History. Source: L. 90: Entire article R&RE, p. 479, § 1, effective July 1.
Editor's note:
This section is similar to former § 8-50-110 as it existed prior to 1990.
ANNOTATIONAnnotator's note. Since § 8-41-207 is similar to § 8-50-110 as it existed prior to the 1990 repeal and reenactment of the “Workers' Compensation Act of Colorado”, articles 40 to 47 of this title, relevant cases construing that provision have been included in the annotations to this section.
Death from an injury must occur within a period of two years from the date of the injury if dependents are to be entitled to receive benefits. Moffat Coal Co. v. McFall, 117 Colo. 191 , 186 P.2d 1021 (1947).
Statutory presumption overcome where suicide was found to have been proximately caused by depression and anxiety suffered as a result of work-related injury. Jakco Painting Contractors v. Indus. Comm'n, 702 P.2d 755 (Colo. App. 1985).
