Colo. Rev. Stat. » Title 8
Colorado Revised Statutes

Colo. Rev. Stat. § 8-41-206 (2024)

Disability beginning five years after injury

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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Any disability beginning more than five years after the date of injury shall be conclusively presumed not to be due to the injury, except in cases of 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, or from asbestosis, silicosis, or anthracosis.

Source: L. 90: Entire article R&RE, p. 479, § 1, effective July 1.

Editor's note: This section is similar to former § 8-52-106 as it existed prior to 1990.

Notes of Decisions
Cited in 6 cases, 1991–2016 · leading case: Leming v. Indus. Claim Appeals Off. of the State, 62 P.3d 1015 (Colo. Ct. App. 2002).
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Leming v. Indus. Claim Appeals Off. of the State, 62 P.3d 1015 (Colo. Ct. App. 2002). · cites it 12× “According to employer, because the onset of the disability occurred in any event more than five years after claimant’s last exposure, under § 8-41-206, C.R.S.2001, his disease was conclusively presumed to be unrelated to his exposure while working for employer.”
Avalanche Indus., Inc. v. Clark, 198 P.3d 589 (Colo. 2009). · cites it 4× “See § 8-41-206, C.R.S. (2008). [1] This predecessor was the version of the statute at issue in Coates.”
City of Littleton v. Indus. Claim Appeals Off., 2016 CO 25. · cites it 3× “See § 8-41-206, C.R.S. (2015) (providing that any disability beginning more than five years after the date of injury "shall be conclusively presumed not to be due to the injury," with certain exceptions (emphasis added)).”
City of Littleton v. Indus. Claim Appeals Off., 2016 CO 25, 370 P.3d 157. · cites it 2× “Indeed, the General Assembly has established a conclusive presumption in a neighboring provision of the Workers' Compensation Act, See § 8-41-206, CRS. (2015) (providing that any disability beginning more than five years after the date of injury "shall be conclusively presumed…”
Colby ex rel. Colby v. Progressive Cas. Ins. Co., 928 P.2d 1298 (Colo. 1996). · cites it 2× “, § 8-41-206, 3B C.R.S. (1996 Supp.) ("Any disability beginning more than five years after the date of injury shall be conclusively presumed not to be due to the injury.”
Ricks v. Indus. Claim Appeals Off., 809 P.2d 1118 (Colo. Ct. App. 1991). · cites it 5× “Ricks (claimant) seeks review of a final order of the Industrial Claim Appeals Office denying her claim for workers’ compensation benefits on the ground that her disability is conclusively presumed not to be due to her injury pursuant to the statutory provision now codified at §…”
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