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8-41-205. Waiver of compensation by employee - approval required - exception.

Statute text

No waiver of compensation or medical benefits by an employee for aggravation of any preexisting condition or disease shall be allowed under articles 40 to 47 of this title. This section, however, shall not invalidate any such waiver so filed and approved prior to March 1, 1977, under the provisions of the "Colorado Occupational Disease Disability Act", which was repealed effective September 1, 1975.

History

Source: L. 90: Entire article R&RE, p. 479, 1, effective July 1.

Annotations

Editor's note: This section is similar to former 8-51-113 as it existed prior to 1990.

Annotations

Cross references: For the historical record of the "Colorado Occupational Disease Disability Act", see article 60 of this title 8, as contained in the original Volume 3, Colorado Revised Statutes 1973, as amended through L. 75.

Annotations

 

ANNOTATION

Annotations

Annotator's note. Since 8-41-205 is similar to 8-51-113 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.

Employer's liability fixed on date of last injurious exposure. When an employee is disabled as a result of an occupational disease and so advises his employer, but continues in the same employment, the extent of the employer's liability under the workmen's compensation act or the occupational disease disability act (now repealed) is to be determined by reference to the statutory scheme in effect on the date of the last injurious exposure to the hazards of the disease. Martinez v. Indus. Comm'n, 40 Colo. App. 485, 580 P.2d 36 (1978).