FYI: Full and Final Settlements-Workman's Compensation

[Human Resources List]

Greetings;

 

This message is being sent to inform you of a new policy being
implemented at DHR.  This new policy applies only to employees who are
separated or are separating from the state under the terms and
conditions of a Full and Final Workers Compensation Settlement and are
agreeing to not seek state employment in the future.  If the settlement
agreement contains such a provision, the Risk Management Office will
forward this information to the Consulting Services Unit (no medical
information will be included in this notification).   The Consulting
Services Unit will update the employee's record in CPPS to indicate this
fact. 

 

The Risk Management Office engages in Full and Final settlements on
workers' compensation claims only when it is in the best interest of the
state and the injured employee to settle a claim. There is no
requirement in workers' compensation law to ever settle a claim. An
injured employee could theoretically continue to receive medical
treatment, and possibly wage replacement benefits through workers'
compensation for the remainder of their life. This new policy is being
implemented due to the exhibited probability that some injured employees
receiving Full and Final Workers' Compensation settlements from one
department apply and are hired into another department, or the same
department.  This often results in the new job duties aggravating the
pre-existing condition of the prior injury causing a new workers'
compensation claim. In this instance the State loses the benefit of the
full and final settlement.  This has already occurred in more than one
instance.  

 

HR Offices are encouraged to review all applications from former State
employees to verify their eligibility for reinstatement or future
employment.  Please note that former employees who enter into these
settlement agreements are given consideration for forfeiting their
rights to reinstatement or to apply for future employment.

 

If you have any questions, please feel free to contact me.

 

 

 

Tom Montoya

Department of Personnel & Administration

Division of Human Resources

1313 Sherman Street

Denver CO 80203

303 866 2014

303 866 2021  fax  

Tom.montoya at state.co.us

 

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