AGO 90-9.

Case Date:August 14, 1990
Colorado Attorney General Opinions 1990. AGO 90-9. STATE OF COLORADO OFFICE OF THE ATTORNEY GENERAL FORMAL OPINION OF DUANE WOODARD Attorney General Opinion No. 90-9 AG Alpha No. HE ME AGARS August 14, 1990Dr. Thomas B. Brewer President Metropolitan State College 1006 11th Street Denver, CO 80204 RE: Workmen's Compensation Insurance for Metropolitan State College StudentsDear Dr. Brewer: This letter responds to a request from the Trustees of the State Colleges in Colorado for an opinion as to whether Metropolitan State College (hereinafter "MSC") would be responsible for providing workmen's compensation insurance to students who are in the process of fulfilling a community service graduation requirement. QUESTION PRESENTED AND CONCLUSION If MSC institutes a community service graduation requirement, must it provide workmen's compensation insurance or reimbursement for the cost of such coverage for students who are in the process of fulfilling this requirement? No. ANALYSIS The trustees have described the proposed community service requirement as follows. First, all MSC students will complete a specified number of hours of community service as a prerequisite to graduation. Second, no academic credit will be awarded to students for meeting the requirement. Third, although students will be responsible for making arrangements to satisfy the requirement, MSC may assist them in finding suitable placements. Fourth, students will be expected to perform their services for government agencies or organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. However, certain services performed for nonexempt business organizations, such as nursing homes, may fulfill the requirement. Fifth, students may volunteer their services or receive compensation from the organizations for which they perform services. Finally, MSC will not supervise the students' performance. The purpose of the requirement is to encourage students to contribute to society and help meet community needs. It is not intended to provide students with job training, nor will the services be coordinated with specialized, in-school instruction. "Workmen's compensation is a mechanism for providing cash-wage benefits and medical care to victims of work-connected injuries, and for placing the cost of these injuries ultimately on the consumer, through...

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