Colorado § 8-47-106 - State average weekly wage - method of computation.

§ 8-47-106. State average weekly wage - method of computation.

The state average weekly wage shall be established by the director annually on or before July 1 of each year. The state average weekly wage shall be determined from the average weekly earnings referenced in section 8-73-102 (1), computed by the division in June on the basis of the most recent available figures, and applicable to the ensuing twelve months beginning July 1. Such state average weekly wage shall automatically form the basis for establishing maximum benefits under the "Workers' Compensation Act of Colorado" as of 12:01 a.m., July 1, 1974, and at each succeeding time and date annually thereafter.

Source: L. 90: Entire article R&RE, p. 553, § 1, effective July 1.

Editor's note: This section is similar to former § 8-46-113 as it existed prior to 1990.

ANNOTATION

Annotator's note. Since § 8-47-106 is similar to § 8-46-113 as it existed prior to the 1990 repeal and reenactment of the "Workers' Compensation Act of Colorado", articles 40 to 47 of this title, a relevant case construing that provision has been included in the annotations to this section.

As applied, this section is not unconstitutionally vague. Although the statute does not specify whether it applies to injuries occurring in the ensuing 12 months or to benefits payable in the ensuing 12 months, case law has long established that the parties' rights and liabilities under the Workers' Compensation Act of Colorado, article 40 through 47 of this title, are established at the time of injury. Simpson v. Indus. Claim Appeals Office, 219 P.3d 354 (Colo. App. 2009), rev'd on other grounds, 232 P.3d 777 (Colo. 2010).

Nor is the right to equal protection violated by this section. Simpson v. Indus. Claim Appeals Office, 219 P.3d 354 (Colo. App. 2009), rev'd on other grounds, 232 P.3d 777 (Colo. 2010).

Under this section, workers' compensation claimants are not entitled to yearly adjustments in benefits based on the change in the state average weekly wage (AWW) each year. The Workers' Compensation Act of Colorado contains no provision mandating such annual recalculations. To construe this section otherwise would effectively thwart the Act's stated goals of providing certainty to claimants, insurers, and employers alike by permitting unpredictable increases or decreases in benefits. Simpson v. Indus. Claim Appeals Office, 219 P.3d 354 (Colo. App. 2009) (decided prior to 2010 amendment of § 8-42-107.5), rev'd on other grounds, 232 P.3d 777 (Colo. 2010).

Applied in Bellendir v. Kezer, 648 P.2d 645 (Colo. 1982).