THE PITFALLS OF VERIFYING COVERAGE ON CONSTRUCTION SITES

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.…

CLARIFICATION OF CMS NON-SUBMIT EVIDENCE-BASED MSAs

 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…

Working From Home and Workers’ Compensation

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…

SETTLEMENTS POST ENGLAND

The Colorado Supreme Court issued an opinion on May 30, 2017 in England v. Amerigas Propane, 395 P.3d 766 (Colo. 2017).  This case involved settlement of workers’ compensation matters and may even affect settlement of liability matters in a personal injury case.  The case has significant ramifications for employers and carriers moving forward. BACKGROUND Mr.…

Researching Narcotic Prescription Information In Colorado

A ubiquitous problem in workers’ compensation patient care, as well as in the general clinical healthcare setting, is an individual patient’s use, and potential abuse, of controlled prescription narcotics.  The Prescription Drug Monitoring Program (PDMP) is the State of Colorado’s secure, central electronic informational data base that records and tracks each pharmacist’s dispensement of controlled…

Reimbursement and Recovery

Reimbursement and Recovery – Medical Care Providers Increasing costs of medical care have created reimbursement and recovery incentive for providers. Often times medical care secondary to an injury, whether work related or otherwise, becomes the subject of recovery and reimbursement attempts by the providers, as the providers are not inclined to provide care that is…