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…
The Colorado Division of Workers’ Compensation recently released the new 2022 Guide to Adjusting Workers’ Compensation Claims, formerly the Adjuster’s Guide. What you’ll find in the new guide is the addition of engaging graphics, improved organization, more concise coverage of adjusting considerations, called out calculations with associated examples and increased references to valuable complementary resources.…
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…
The Division of Workers’ Compensation seems to be on a constant mission to tweak various workers’ compensation rules of procedure. Some of these changes are directed at situations that clearly need attention, while others are less clear. This year is no different. There have been several rule changes from the Division of Workers’ Compensation that…
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…
We typically think of compensable injuries occurring when the employee is already at their place of employment. But what about the time employees spend on the road, coming from and going to work? Many industries require employees to drive as part of their daily duties, not to mention the time workers in various professions spend…
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.…
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…