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

Colo. Rev. Stat. § 8-43-410 (2024)

Right to compensation operates as lien - interest on award

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) The right of compensation granted by articles 40 to 47 of this title and any awards made thereunder shall have the same preference or lien without limit of amount against the assets of the employer or the employer's insurer or both as may be allowed by law for a claim for unpaid wages for labor.

(2) Every employer or insurance carrier of an employer shall pay interest at the rate of eight percent per annum upon all sums not paid upon the date fixed by the award of the director or administrative law judge for the payment thereof or the date the employer or insurance carrier became aware of an injury, whichever date is later. Upon application and satisfactory showing to the director or administrative law judge of the valid reasons therefor, said director or administrative law judge, upon such terms or conditions as the director or administrative law judge may determine, may relieve such employer or insurer from the payment of interest after the date of the order therefor; and proof that payment of the amount fixed has been offered or tendered to the person designated by the award shall be such sufficient valid reason.

Source: L. 90: Entire article R&RE, p. 517, § 1, effective July 1. L. 94: (2) amended, p. 1880, § 16, effective June 1.

Editor's note: This section is similar to former § 8-52-109 as it existed prior to 1990.

PART 5

UTILIZATION REVIEW PROCESS - INDEPENDENT MEDICAL EXAMINATIONS

Notes of Decisions
Cited in 7 cases, 1993–2016 · leading case: Christopher R. Brown v. Decatur Cnty. Mem'l Hosp., 892 N.E.2d 642 (Ind. 2008).
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Christopher R. Brown v. Decatur Cnty. Mem'l Hosp., 892 N.E.2d 642 (Ind. 2008). · cites it 2× “Code § 5800 (West 2003); Colo.Rev.Stat. § 8-43-410(2) (2007); Conn.”
Donald B. Murphy Contractors, Inc. v. Indus. Claim Appeals Off., 916 P.2d 611 (Colo. Ct. App. 1995). · cites it 2× “See § 8-43-410, C.R.S. (1994 Cum.Supp.). Finally, the need for further proceedings to seek recovery of overpayment is eliminated in the event no further benefits are available.”
Subsequent Injury Fund v. Indus. Claim Appeals Off., 899 P.2d 271 (Colo. Ct. App. 1994). · cites it 2× “In doing so, the ALJ relied upon § 8-43-410(2), C.R.S. (1994 Cum.Supp.), the provisions of which became effective in 1988.”
Subsequent Injury Fund v. Indus. Claim Appeals Off. of Colorado, 899 P.2d 220 (Colo. Ct. App. 1994). · cites it 3× “It argues that § 8-43-410(2), C.R.S. (1994 Cum.Supp.) contemplates an award of interest from the date it had notice and must be read in context with the reopening statute, § 8-43-304, C.”
Keel v. Indus. Claim Appeals Off., 2016 COA 8. · cites it 2× “) ¶37        Turning to section 8-43-410(2), we conclude that the claimants are entitled to eight percent interest on this past due death benefit figure of $66,822.”
Keel v. Indus. Claim Appeals Off., 2016 COA 8. · cites it 2× “) ¶37 Turning to section 8-43-410(2), we conclude that the claimants are entitled to eight percent interest on this past due death benefit figure of $66,822.”
Subsequent Injury Fund v. Indus. Claim Appeals Off. of the State, 859 P.2d 276 (Colo. Ct. App. 1993). · cites it 5× “Under § 8-43-410, interest on an award of compensation is a matter of statutory right and applies automatically on the date payment is due, regardless of a good faith belief that one will prevail.”
Colo. Rev. Stat. § 8-43-410(2): 6 cases
Christopher R. Brown v. Decatur Cnty. Mem'l Hosp., 892 N.E.2d 642 (Ind. 2008). “Code § 5800 (West 2003); Colo.Rev.Stat. § 8-43-410(2) (2007); Conn.”
Subsequent Injury Fund v. Indus. Claim Appeals Off., 899 P.2d 271 (Colo. Ct. App. 1994). “In doing so, the ALJ relied upon § 8-43-410(2), C.R.S. (1994 Cum.Supp.), the provisions of which became effective in 1988.”
Subsequent Injury Fund v. Indus. Claim Appeals Off. of Colorado, 899 P.2d 220 (Colo. Ct. App. 1994). “It argues that § 8-43-410(2), C.R.S. (1994 Cum.Supp.) contemplates an award of interest from the date it had notice and must be read in context with the reopening statute, § 8-43-304, C.”
Keel v. Indus. Claim Appeals Off., 2016 COA 8. “) ¶37        Turning to section 8-43-410(2), we conclude that the claimants are entitled to eight percent interest on this past due death benefit figure of $66,822.”
Keel v. Indus. Claim Appeals Off., 2016 COA 8. “) ¶37 Turning to section 8-43-410(2), we conclude that the claimants are entitled to eight percent interest on this past due death benefit figure of $66,822.”
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