The Colorado Division of Workers’ Compensation is vigorously investigating whether contractors on construction sites are properly carrying workers’ compensation insurance and verifying coverage of any subcontractors. In Colorado, all employers are required to carry workers’ compensation insurance for their employees. Any person, company or corporation contracting any work out is construed to be an employer.…
The Division recently adopted changes to Rule 11, W.C.R.P., which governs the Division Independent Medical Examination process. These changes took effect on March 2, 2023. Unfortunately, some of the changes to Rule 11 have the potential to substantially increase the cost of Division IMEs to all our clients. As such, we wanted to advise you…
In a May 11, 2011 memorandum, the Centers for Medicare and Medicaid Services (CMS) reiterated its guidance regarding CMS’ Workers’ Compensation Medicare Set-Aside Agreements (WCMSA). The memorandum confirmed submission of a WCMSA proposal to CMS for review and approval is a recommended process. There are no statutory or regulatory provisions requiring a WCMSA proposal be…
2022 Legislative Update There were several legislative changes this session impacting workers’ compensation claims handling in Colorado. HB22-1354: Protection of Claimant’s Mental Health Records – Effective: June 9, 2022 This bill involves a significant change in the requirements of handling an injured workers’ mental health records and became effective immediately on June 9, 2022. It…
Spring is in the air – it must be time for Colorado legislative and Division of Workers’ Compensation updates. As always, we are here to ensure you are aware of and understand them all. Below is our review of the April 30th changes, the upcoming changes effective July 1st, as well as proposed legislation. Round…
Colorado recently took steps to increase the salary threshold for employees falling under the “white collar” exemptions. On January 22, 2020, the Colorado Department of Labor adopted the Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS Order”), with most of its provisions becoming effective on March 16, 2020. The new minimum salary thresholds for…
As of December 15, 2019, the Colorado Department of Labor and Employment (CDLE) has a new rule in place clarifying that companies may cap but not take away employees’ earned, unused vacation pay. The viability of “use-it-or-lose-it” vacation policies under the Colorado Wage Claim Act (the “Act”) has been in flux for years, with the…
One of the main strategies in workers’ compensation claims involves the selection of a particular venue for the DIME process. For numerous years, Rule 11 was silent on the selection of a location for the Division IME. The party requesting the DIME had the option of selecting any venue in Colorado for the appointment to…
In 2019, Colorado earned the top spot for the highest percentage of employees who work from home, according to Flex.Jobs https://www.flexjobs.com/blog/post/infographic-which-states–have-most-full-time-telecommuters. While telecommuting is not realistic for every company, many jobs have at least some component that employees can do flexibly even if a job requires an employee to be onsite for specific hours. Perhaps…
Having litigated several “assault” cases, nothing ceases to amaze this author more than the vast number of unfortunate ways people find themselves in the most bizarre and unforeseeable situations. Courts across the United States adjudicating assault-based cases in the workers’ compensation context are faced with determining whether the events leading to the assault arose out…
As we recently celebrated the 4th of July with family and friends, we must not lose sight of the Founding Fathers and formation of the Constitution. Interestingly, John Hancock was the only one to sign on July 4, 1776, while the others signed at a later date. We are fortunate that the Founding Fathers drafted…
Colorado is addressing the ongoing opioid epidemic with an array of public and private initiatives. Per the American Medical Association, the state Medicaid agency (the Colorado Department of Health Care Policy and Financing [HCPF]) and the Division of Insurance (DOI) are spearheading the initiatives. On March 16, 2018, the revised Guidelines for Prescribing and Dispensing…