DIVISION OF WORKERS’ COMPENSATION
STATEMENT OF EMERGENCY BASIS AND PURPOSE FOR ADOPTION OF AMENDMENT TO RULE 5-5 AND 
RULE 12-3 OF THE WORKERS’ COMPENSATION
RULES OF PROCEDURE, 7 CCR 1101-3

During the 2008 legislative session Senate Bill (SB) 08-241 was adopted and signed into law. This bill, among other things, amends section 8-42-104 of the Colorado Revised Statutes.  That statutory section describes the effects a prior injury has on compensation for an on the job injury compensable pursuant to the Workers’ Compensation Act.  As a result of SB08-241, the effect of a previous injury on compensation will change for injuries that occur on or after July 1, 2008.

The Division needs to amend its current rules, and add additional language to the rules to implement the new legislation.  If the Division’s rules are not amended they will not be in compliance with the statutory changes. The process for adopting a permanent rule has begun, but a permanent rule cannot be in place by July 1, 2008 when the amendment to the statute goes into effect.  Therefore, an emergency rule is necessary.   

Accordingly, I find that immediate adoption of this rule amendment is imperatively necessary to comply with state law, and compliance with 24-4-103 would be contrary to the public interest. These emergency rules will become effective on July 1, 2008 and will be in effect for three months.

Dated this 19th day of June, 2008

	

Bob Summers 
Executive Director 
Colorado Division of Workers’ Compensation