Colorado Revised Statutes

Colo. Rev. Stat. § 8-42-121 (2024)

Director to determine and apportion benefits

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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Death benefits shall be paid to such one or more of the dependents of the decedent, for the benefit of all the dependents entitled to such compensation, as may be determined by the director, who may apportion the benefits among such dependents in such manner as the director may deem just and equitable. Payment to a dependent subsequent in right may be made, if the director deems it proper, which payment shall operate to discharge all other claims therefor. The dependents or persons to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support in compliance with the finding and direction of the director.

Source: L. 90: Entire article R&RE, p. 497, § 1, effective July 1.

Editor's note: This section is similar to former § 8-50-115 as it existed prior to 1990.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2001–2022 · leading case: Giddings v. Indus. Claim Appeals Off., 39 P.3d 1211 (Colo. Ct. App. 2001).
Giddings v. Indus. Claim Appeals Off., 39 P.3d 1211 (Colo. Ct. App. 2001). “, §§ 8-42-121 (director apportions death benefits), 8-48-208 (director has authority to appoint special agents and referees for particular investigations or hearings), 8-48-501 (medical utilization review [MUR] procedure requires director to issue order, which ALJ then reviews),…”
Sandra Amaya v. ICAO Brand X & Stand. Fire, No. 22CA0467 (Colo. Ct. App. Nov. 10, 2022). · cites it 31× “Boeckx, Assistant Attorney General, Denver, Colorado, for Amicus Curiae Colorado Department of Labor and Employment, Division of Workers’ Compensation ¶1 In this workers’ compensation appeal, we must analyze the interplay between two statutes: section 8-42-121, C.R.S. 2022,…”
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