Specialty Restaurants Corp. v. Nelson

Because the 2007 amendment to section 8-48-406, C.R.S. (2009), constitutes a substantive change to workers' compensation award payments, I dissent from part of the majority opinion. To properly assess the amendment's effect on Nelson's claim, we must determine whether the General Assembly intended that the amendment apply to preexisting claims and whether the amendment effects a substantive or a procedural adjustment. I agree with the majority that nothing in the amendment demonstrates that the General Assembly intended retroactive application, so it should apply prospectively only. However,…