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In an effort to expand workers’ compensation coverage to employees of uninsured subcontractors or lessees injured while performing services for an insured general contractor, § 8-41-401(1)(a)(I) of the Workers’ Compensation Act of Colorado provides that any person, company or corporation which conducts any business by leasing or contracting out any part of its work to… Continue reading Bill Proposes Amendment to Liability of Statutory Employer

The Colorado House of Representatives has introduced a bill which would prohibit an employer from requiring an employee or applicant for employment to disclose a user name, password, or other means for accessing a personal account or service through an electronic communications device (the bill does not cover access to nonpersonal accounts or services that… Continue reading Colorado House Bill Seeks to Prevent Employers from Requiring Employees to Release Passwords to Social Networking Sites

In what is sure to be relief to almost everyone, the Division of Workers’ Compensation has repealed W.C.R.P. 5-11(B), which required adjusters to file a Final Payment Notice within 60 days after the claim has closed. Therefore, effective April 1, 2013, Final Payment Notices no longer are required to be filed.

The Centers for Medicare and Medicaid Services (CMS) has announced that it will re-evaluate an approved Medicare Set-aside Arrangement if the claimant or the submitter believes that the CMS determination (1) contains obvious mistakes, such as mathematical errors or a failure to recognize that medical records already submitted show a surgery CMS priced already has… Continue reading Request for Re-evaluation of Medicare Set-aside Arrangements

Section 8-43-404(5)(a) affords the employer or insurer the right in the first instance to select a physician to treat the injury. The statute requires the employer or insurer to “provide a list of at least two physicians, … in the first instance, from which list an injured employee may select the physician who attends said… Continue reading Employer Required to Tender Designated Provider List Even When Employee Declines Medical Treatment

In Ringler v. King Soopers, W.C. No. 4-121-888-11 (ICAO, March 13, 2013), the ICAO affirmed an Order of the ALJ which granted a penatly of 8% of the amount of a medical bill for which the claimant sought reimbursement, and denied the claimant’s request for a penalty of up to $1,000 per day for each… Continue reading Penalties for Failure to Reimburse Claimant for Medical Treatment

Section 8-43-203(2) currently requires respondents to either file an admission of liability consistent with a Division IME physician’s opinion or request a hearing challenging that opinion within thirty days of the date of mailing of the report from the Division IME physician. However, the deadline for respondents to take action has been made uncertain due… Continue reading Proposed Legislation Changing Time to Respond to Division IME Report

Effective June 1, 2013, the Centers for Medicare and Medicaid Services (CMS) will require all Workers’ Compensation Medicare Set-aside Agreements (WCMSAs) include the cost of a claimant’s benzodiazepine and barbiturate prescription medications. This change is likely to increase the cost of WCMSAs significantly, since there are many drugs falling under the benzodiazepine or barbiturate classes… Continue reading Benzodiazepines and Barbiturates Now Included in WCMSAs

In United Airlines v. Industrial Claim Appeals Office , 2013 COA 48, 12CA1443 (COCA) (March 28, 2013), the claimant suffered an admitted injury and the employer admitted for temporary disability benefits. Temporary disability benefits were ended when the claimant was released to return to work. At this point in time, the claimant had received approximately… Continue reading Statutory Cap Does Not Apply Until the Act Permits Respondent to Terminate Temporary Disability Benefits

Posted by: Clay Thornton, Esq. In Tennapel v. Bowie Resources, W.C. Nos. 4-779-040 & 4-844-545 (ICAO, April 5, 2013), the claimant suffered an industrial injury with the first employer, and that claim became closed pursuant to final admission. Subsequently, the claimant suffered a similar injury with a subsequent employer. At this point, an IME opined… Continue reading An ALJ Cannot Order Reimbursement Between Carriers on a Closed Claim

The Centers for Medicare and Medicaid Compliance (CMS) has issued a document titled WCMSA Top Submission Errors and Helpful Hints which lists the most frequent errors contained in WCMSA proposals as well as tips/hints to increase the likelihood of a speedy approval of a WCMSA. The document can be found by clicking here.

In Crigger v. Denver Health, W.C. No. 4-770-747 (ICAO, May 6, 2013), the respondent filed a final admission of liability admitting for Permanent Partial Disability benefits based upon the Division IME’s findings. Within the statutory period for objecting, the claimant filed an application for hearing listing PPD as an issue. However, the claimant did not… Continue reading Very Little Required to Avoid Closure Pursuant to Final Admission

The Division IME statute has been amended to include a new timeframe and procedure for responding to a DIME report. The Division has posted an instructive memo that can be found here. In a nutshell, a respondent’s time to respond to a Division IME report no longer is based upon the date the physician mails… Continue reading Statutory Changes to the Division IME Procedure

As always, there are several amendments to the Act this year. The Division has posted an advisory memorandum that can be found at the following link. Senate Bill 13-157 clarifies the definition of statutory-employer as it applies to injuries occurring on the premises of a “buyer of goods.” As discussed in a separate posting to… Continue reading 2013 Amendments to Colorado Workers’ Compensation Act

The Division of Workers’ Compensation will be holding a public hearing to discuss proposed changes to two Workers’ Compensation Rules of Procedure: Rule 16 (Utilization Standards), and Rule 18 (Medical Fee Schedule).  The hearing is scheduled for August 6, 2013, at 9:00 a.m. The hearing will be held in the 2nd Floor Conference Room at… Continue reading Division of Workers’ Compensation Proposed Changes to Procedural Rules 16 and 18