Colorado § 8-40-102 - Legislative declaration.
Full text of Colorado Colorado Revised Statutes § 8-40-102 — Legislative declaration., with citation guidance and answers to common questions.
§ 8-40-102. Legislative declaration.
(1) It is the intent of the general assembly that the "Workers' Compensation Act of Colorado" be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to injured workers at a reasonable cost to employers, without the necessity of any litigation, recognizing that the workers' compensation system in Colorado is based on a mutual renunciation of common law rights and defenses by employers and employees alike.
(2) The general assembly hereby finds that the determination of whether an individual is an employee for purposes of the "Workers' Compensation Act of Colorado" is subject to a great deal of speculation and litigation. It is the intent of the general assembly to provide an easily ascertainable standard for determining whether an individual is an employee. In order to further this objective, the test for determining whether an individual is an employee for the purposes of the "Workers' Compensation Act of Colorado" shall be based on the nine criteria found in section 8-40-202 (2)(b)(II) which shall supersede the common law. The fact that an individual performs services exclusively or primarily for another shall not be conclusive evidence that the individual is an employee.
Source: L. 90: Entire article R&RE, p. 468, § 1, effective July 1. L. 91: Entire section amended, p. 1291, § 3, effective July 1. L. 93: Entire section amended, p. 355, § 1, effective April 12. L. 95: (2) amended, p. 343, § 1, effective July 1.
Editor's note: This section is similar to former § 8-40-101.5 as it existed prior to 1990.
ANNOTATION
Claimant has burden of establishing rights to workers' compensation benefits. Younger v. City & County of Denver, 810 P.2d 647 (Colo. 1991).
Subsection (1) applied in Weld County Sch. Dist. RE-12 v. Bymer, 955 P.2d 550 (Colo. 1998).
Subsection (1) does not confer eligibility for unemployment compensation benefits upon a claimant who is otherwise ineligible. McClaflin v. Indus. Claim Appeals Office, 126 P.3d 288 (Colo. App. 2005).
PART 2
DEFINITIONS
Frequently Asked Questions About Colorado § 8-40-102
What does Colorado Revised Statutes § 8-40-102 cover?
Section 8-40-102 ("Legislative declaration.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 8-40-102?
A common citation format is "Colorado Revised Statutes § 8-40-102" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 8-40-102 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.