# C.R.S. § 8-42-104: 8-42-104. Effect of previous injury or compensation

> Colorado · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-104

## Section

- **Citation:** C.R.S. § 8-42-104
- **Heading:** 8-42-104. Effect of previous injury or compensation
- **Jurisdiction:** Colorado
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** CO Code / Title 8 / Article 42 / Section 8-42-104

## Text

8-42-104. Effect of previous injury or compensation. (1) The fact that an employee has suffered a previous disability or impairment or received compensation therefor shall not preclude compensation for a later injury or for death, but, in determining compensation benefits payable for the later injury or death, the employee's average weekly earnings at the time of the later injury shall be used in determining the compensation payable to the employee or such employee's dependents. Notwithstanding any other provision of articles 40 to 47 of this title, no claimant may receive concurrent permanent total disability awards from injuries occurring in this state or any other state.

(2) (Deleted by amendment, L. 2008, p. 1676, § 2, effective July 1, 2008.)

(3) An employee's temporary total disability, temporary partial disability, or medical benefits shall not be reduced based on apportionment under any circumstances. This subsection (3) supercedes the Colorado court of appeals' decisions in Hutchison v. Industrial Claim Appeals Office of Colorado, 405 P.3d 458 (Colo. App. 2017) and Duncan v. Industrial Claim Appeals Office of Colorado, 107 P.3d 999 (Colo. App. 2004).

(4) An employee's recovery of permanent total disability shall not be reduced when the disability is the result of a work-related injury or a work-related injury combined with genetic, congenital, or similar conditions; body habitus; or family history; except that this subsection (4) does not apply to reductions in recovery or apportionments allowed pursuant to the Colorado supreme court's decision in the case denominated Anderson v. Brinkhoff, 859 P.2d 819 (Colo. 1993).

(5) In cases of permanent medical impairment, the employee's award or settlement shall not be reduced except:

(a) When an employee has suffered more than one permanent medical impairment to the same body part and has received an award or settlement under the "Workers' Compensation Act of Colorado" or a similar act from another state. The permanent medical impairment rating applicable to the previous injury to the same body part, established by award or settlement, shall be deducted from the permanent medical impairment rating for the subsequent injury to the same body part.

(b) When an employee has a nonwork-related previous permanent medical impairment to the same body part that has been identified, treated, and, at the time of the subsequent compensable injury, is independently disabling. The percentage of the nonwork-related permanent medical impairment existing at the time of the subsequent injury to the same body part shall be deducted from the permanent medical impairment rating for the subsequent compensable injury.

(6) Nothing in this section shall be construed to preclude employers or insurers from seeking contribution or reimbursement, as permitted by law, from other employers or insurers for benefits paid to or for an injured employee as long as the employee's benefits are not reduced or otherwise affected by such contribution or reimbursement.

(7) For the purposes of subsections (4) and (5) of this section, the employer or, if the employer is insured, the employer's insurer has the burden of proof, by a preponderance of the evidence, at any hearing regarding apportionment that may result in a reduction of benefits to an employee under this section.

## Nearby sections

- [C.R.S. § 8-42-101 8-42-101. Employer must furnish medical aid - approval of plan - fee schedule - contractin](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-101.md)
- [C.R.S. § 8-42-102 8-42-102. Basis of compensation - "wages" defined - average weekly wage - "at the time of](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-102.md)
- [C.R.S. § 8-42-103 8-42-103. Disability indemnity payable as wages - period of disability](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-103.md)
- [C.R.S. § 8-42-104 8-42-104. Effect of previous injury or compensation](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-104.md)
- [C.R.S. § 8-42-105 8-42-105. Temporary total disability - hearings](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-105.md)
- [C.R.S. § 8-42-106 8-42-106. Temporary partial disability](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-106.md)
- [C.R.S. § 8-42-107 8-42-107. Permanent partial disability benefits - schedule - medical impairment benefits -](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-107.md)
- [C.R.S. § 8-42-107.2 8-42-107.2. Selection of independent medical examiner - procedure - time - allocation of cos](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-107.2.md)
- [C.R.S. § 8-42-107.5 8-42-107.5. Limits on temporary disability payments and permanent partial disability payment](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-107.5.md)
- [C.R.S. § 8-42-107.6 8-42-107.6. Premium dividend for employing injured employees](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-107.6.md)
- [C.R.S. § 8-42-108 8-42-108. Disfigurement - additional compensation](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-108.md)
- [C.R.S. § 8-42-109 8-42-109. Added compensation for additional injuries](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-109.md)
- [C.R.S. § 8-42-110 8-42-110. Permanent partial disability - how determined](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-110.md)
- [C.R.S. § 8-42-111 8-42-111. Award for permanent total disability](https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-111.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CO_T8_A42_S8-42-104. Check the current official text before relying on it. Not legal advice.