Colorado § 8-55-101 - Workers' compensation classification appeals board - creation.

§ 8-55-101. Workers' compensation classification appeals board - creation.

(1) There is created, in the division of insurance in the department of regulatory agencies, the workers' compensation classification appeals board. The workers' compensation classification appeals board is a type 1 entity, as defined in section 24-1-105. The board shall hear grievances brought by employers against insurers and Pinnacol Assurance concerning the calculation of experience modification factors and classification assignment decisions. The board consists of five voting members, each of whom must be knowledgeable about workers' compensation classification and experience modification factors, and one nonvoting member, as follows:

(a) (I) One member must be either:

(A) A salaried employee of an insurance company that issues workers' compensation insurance policies in this state; or

(B) A representative of Pinnacol Assurance.

(II) One member must be:

(A) A salaried employee of an insurance company that issues workers' compensation policies in this state;

(B) A representative of Pinnacol Assurance; or

(C) An insurance agent licensed in this state.

(III) The two members appointed pursuant to subsections (1)(a)(I) and (1)(a)(II) of this section must not both represent Pinnacol Assurance or the same insurance company. In addition, one person must be selected to serve as an alternate member to represent the interests of the insurance industry, Pinnacol Assurance, or insurance agents. The alternate shall represent such interests if the primary member recuses himself or herself.

(b) One member, who shall be a nonvoting member, shall be an employee of a workers' compensation rating organization functioning under the provisions of section 10-4-408, C.R.S. The workers' compensation rating organization shall serve as a technical resource for the board.

(c) Three members shall represent private employers. Each private employer member shall be knowledgeable with respect to workers' compensation insurance, rules, and classifications, and shall be familiar with the business environment and community in this state. No private employer member shall be an employee of an insurance company, insurance broker, insurance agent, law firm, actuary, Pinnacol Assurance, or any association of such entities or persons. All private employer board memberships shall be held in the name of an individual. At least one private employer member shall represent the construction industry.

(2) The commissioner of insurance shall appoint the private employer members and the members representing insurers, insurance agents, and Pinnacol Assurance. The workers' compensation rating organization representative shall be appointed by the chief executive officer of such organization or by another officer designated to make such appointment. The commissioner may solicit a list of nominees from any interested party before making such appointments. The commissioner shall immediately notify the workers' compensation rating organization concerning the identity of any appointees.

(3) Each member shall serve one three-year term, and, in addition:

(a) (Deleted by amendment, L. 2002, p. 1889, § 46, effective July 1, 2002.)

(b) A private employer member or member representing the insurance industry or Pinnacol Assurance may serve a second consecutive three-year term; and

(c) The member representing the workers' compensation rating organization may be reappointed without limitation.

(4) Any vacancy on the board shall be filled for the unexpired term in the same manner as the original appointment. The member appointed to fill such vacancy shall be from the same category described in subsection (1) of this section as the member vacating the position.

(5) Members of the board shall serve without compensation, but their reasonable expenses incurred when performing their duties as board members shall be reimbursed from the workers' compensation cash fund created in section 8-44-112 (7). Such expenses shall be limited to travel, food, and lodging expenses.

(6) Members of the board, in their capacity as members, shall be immune from liability in all claims for injury that lie in tort or could lie in tort, regardless of whether that may be the type of action or the form of relief chosen by the claimant.

Source: L. 96: Entire article added, p. 1139, § 1, effective October 1. L. 2002: IP(1), (1)(a), (1)(c), (2), and (3) amended, p. 1889, § 46, effective July 1. L. 2021: (1)(a) and (2) amended, (SB 21-096), ch. 30, p. 124, § 1, effective April 15. L. 2022: IP(1) amended, (SB 22-162), ch. 469, p. 3390, § 100, effective August 10.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.