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Colorado Workmans Comp. Question

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  • Colorado Workmans Comp. Question

    Trying to help out my college daughter.....

    She is an instructor at a large ski resort. While instructing she injured her knee, and can no longer perform that job. Knee surgery likely required. WC claims were filed at the time of the injury.

    While she can no longer instruct, the employer has other non-physical duties she can perform, and is insinuating that if she does not work at these duties not impacted by her injury she will not be eligible for WC to cover her medical costs related to the original injury. Of course the task/hrs/pay of the alternate position are enough to make her want to find alternative employment.

    My understanding is that she is covered for the injury medical expenses whether she is working there or not, finds other employment, etc. I am digging through CO labor law, but cannot find the statute that covers this.

    Any help appreciated.

  • #2
    I'm not expert on CO WC reg's but it is highly unlikely the employer is not liable for her medical bills whether she returns to work or not. What is likely to happen though if she refuses to return to work and perform available work that is within her medical restrictions is that (a) the WC carrier will refuse to pay her any temporary total disability benefits, and (b) the employer could well terminate her employment.

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