Colorado Revised Statutes

Colo. Rev. Stat. § 8-42-114 (2024)

Death benefits

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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In case of death, the dependents of the deceased entitled thereto shall receive as compensation or death benefits sixty-six and two-thirds percent of the deceased employee's average weekly wages, not to exceed a maximum of ninety-one percent of the state average weekly wage per week for accidents occurring on or after July 1, 1989, and not less than a minimum of twenty-five percent of the applicable maximum per week. In cases where it is determined that periodic death benefits granted by the federal old age, survivors, and disability insurance act or a workers' compensation act of another state or of the federal government are payable to an individual and the individual's dependents, the aggregate benefits payable for death pursuant to this section shall be reduced, but not below zero, by an amount equal to fifty percent of such periodic benefits.

Source: L. 90: Entire article R&RE, p. 495, § 1, effective July 1. L. 91: Entire section amended, p. 1351, § 4, effective May 29.

Editor's note: This section is similar to former § 8-50-103 as it existed prior to 1990.

Notes of Decisions
Cited in 18 cases, 1991–2020 · leading case: People v. Oliver, 2016 COA 180, 405 P.3d 1165.
People v. Oliver, 2016 COA 180, 405 P.3d 1165. · cites it 4× “In the ease of death of a covered employee, the employee’s dependents are entitled to compensation as follows: In case of death, the dependents of the deceased entitled thereto shall receive as compensation or death benefits sixty-six and two-thirds percent of the deceased…”
Keel v. Indus. Claim Appeals Off. of the State of Colorado, 2016 COA 8, 369 P.3d 807. · cites it 28× “T14 Second, apparently following section 8-42-114, the employer wrote that it was entitled to two offsets.”
L.E.L. Constr. v. Goode, 867 P.2d 875 (Colo. 1994). · cites it 6× “(1986) (now codified with changes at section 8-42-114, 3B C.R.S. (1993 Supp.)), and therefore cannot be deducted from state workers’ compensation death benefits.”
In Re the Adoption of T.K.J., 931 P.2d 488 (Colo. Ct. App. 1996). · cites it 4× “§ 416 (1994); § 8-42-114, C.R.S. (1995 Cum.Supp.). I am especially concerned because of the obvious need in today's society to provide young children with parental guidance.”
Hoffman v. Hoffman, 872 P.2d 1367 (Colo. Ct. App. 1994). · cites it 9× “The Industrial Claim Appeals Panel ruled that such benefits are subject to social security offset under § 8-42-114, C.R.S. (1993 Cum.Supp.). We disagree and set aside the order.”
City of Loveland Police Dep't v. Indus. Claim Appeals Off., 141 P.3d 943 (Colo. Ct. App. 2006). · cites it 3× “Davison is entitled to an award of benefits, the ALJ erred in awarding her death benefits pursuant to § 8-42-114, C.R.S.2005, and related statutes.”
Rosa v. Warner Elec. Contracting, 870 P.2d 1210 (Colo. 1994). · cites it 4× “I Steven L. Rosa (Rosa) was electrocuted while working in the course and scope of his employment.”
Rosa v. Indus. Claim Appeals Off. of Colorado, 885 P.2d 331 (Colo. Ct. App. 1994). · cites it 6× “3B) (codified with changes at § 8-42-114, C.R.S. (1994 Cum. Supp.)). However, claimants received $1,424 per month in federal social security death benefits ($356 for mother’s benefits and $356 each for three children).”
Renz v. Larimer Cnty. Sch. Dist. Poudre R-1, 924 P.2d 1177 (Colo. Ct. App. 1996). · cites it 2× “After the decedent died in 1977, claimant became entitled to workers’ compensation death benefits under the former § 8-50-103, C.”
L.E.L. Constr. v. Goode, 849 P.2d 876 (Colo. Ct. App. 1993). · cites it 8× “62, § 8-42-114 at 495 (now codified with changes at § 8-42-114, C.R.S. (1992 Cum. Supp.)). The Panel affirmed.”
Spanish Peaks Mental Health Ctr. v. Huffaker, 928 P.2d 741 (Colo. Ct. App. 1996). · cites it 2× “3B) (now codified as § 8-42-114, C.R.S. (1995 Cum.Supp.)) required an offset for all federal social security death benefits against state workers’ compensation death benefits.”
Koch Indus., Inc. v. Pena, 910 P.2d 77 (Colo. Ct. App. 1995). · cites it 4× “Petitioners first contend that the Knight decision correctly interpreted the language of the statute now codified at § 8-42-114, C.R.S. (1995 Cum.Supp.) and, consequently, that the Hoffman decision was incorrect.”
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