Colorado § 8-74-109 - Payment of benefits.

§ 8-74-109. Payment of benefits.

(1) Notwithstanding any other provisions of this article, if a decision grants benefits to a claimant, such benefits shall be promptly paid in accordance with and upon issuance of the decision. If further benefits are granted by a subsequent decision, all accrued and unpaid benefits shall be promptly paid. If a subsequent decision denies or reduces benefits, subsequent benefits shall be denied or reduced pursuant to and upon issuance of the decision. If the final decision denies benefits, no employer's rating account shall be charged with benefits paid.

(2) If by reason of fraud, mistake, or clerical error a claimant receives moneys in excess of benefits to which he is entitled or if a claimant receives benefits to which he is subsequently determined to be not entitled as a result of a final decision in the appeals process, the division shall recoup such moneys in accordance with section 8-79-102 and such regulations as may be prescribed by the director of the division.

Source: L. 76: Entire article R&RE, p. 358, § 1, effective October 1. L. 83: (2) amended, p. 430, § 5, effective June 3. L. 86: (2) amended, p. 493, § 98, effective July 1.

ANNOTATION

The essence of the act is its provision for the prompt payment of benefits to those unemployed. Any substantial delay would defeat this purpose and would bring back the evil sought to be avoided. Withholding benefits for long periods through the slow process of appeal to the court is not harmony with the beneficent and remedial purposes of the act. Bayly Mfg. Co. v. Dept. of Emp., 155 Colo. 433, 395 P.2d 216 (1964) (decided under former § 8-74-102).

Knowledge of section presumed of claimant. A claimant who has requested benefits pursuant to the unemployment compensation statutes must be presumed to have knowledge of § 8-81-101 and this section, which specifically provide for recovery of benefits paid in error. Paul v. Indus. Comm'n, 632 P.2d 638 (Colo. App. 1981).