Chapter 12 - § 12.4 • DAMAGES

• Jurisdiction: Colorado

§ 12.4 • DAMAGES

The supreme court in Lorenz made clear that a public policy claim sounded in tort, not contract. 823 P.2d 100, 115 (Colo. 1992). It is likely that the full range of tort damages is available to plaintiffs. This would include damages for wage and benefit loss (both front pay and back pay) and compensatory damages for economic losses such as job-search expenses. See Genova v. Longs Peak Emergency Physicians, P.C., 72 P.3d 454, 460 (Colo. App. 2003) (holding damages for wrongful discharge are limited to "back pay, loss of future pay, loss of benefits, and related economic losses proximately resulting from the discharge"). Courts, however, have refused to extend the damages available to loss of assets or property, including loss of ownership interest in a corporation. Id. In certain circumstances, such as retaliation for utilizing workers' compensation, general tort remedies are not limited by the exclusivity of the workers' compensation statutes. The plaintiff cannot, however, seek double recovery for damages covered by workers' compensation, including compensation for medical treatment or permanent or temporary loss of income, both of which would be recoverable solely under the Workers' Compensation Act. Davis v. Post Tension of Nevada, 2006 U.S. Dist. LEXIS 45824 (D. Colo. June 27, 2006). Non-economic compensatory damages and punitive damages likely are recoverable. See CJI-Civ. 31:15 (CLE ed. 2019) (referring to "noneconomic losses," as well as "any economic losses or injuries which the plaintiff has had or will probably have in the future"). The jury should be instructed about punitive damages if there is sufficient evidence to justify such an award. Id., Notes on Use.

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