Dear Client,

Effective immediately, all workers' compensation claims are subject to the requirements contained in Senate Bill 10-163.  This year, the Colorado Legislature is considering a number of new laws that have a significant impact in the workers' compensation arena, one of which was Senate Bill 10-163.  This bill passed the Senate and House of Representatives and was just signed by the Governor of Colorado on March 31, 2010.  The provisions of SB 10-163 took immediate effect upon the Governor's signature. 

As you may recall, a number of statutory changes were made to the Workers' Compensation Act in 2009, including but not limited to provisions regarding recording of IMEs, statute of limitations on claims for overpayment, and the burden of proof for withdrawing admissions of liability.  Originally, these provisions only applied to claims filed on or after August 5, 2009. 

However, due to the passage of SB 10-163, the following provisions now apply to all workers' compensation claims, regardless of the date the claim was filed:

• §8-42-107.2 (3)(d)(I)- Division IME doctors are prohibited from contacting treatment providers or doctors who have evaluated the claimant, prior to writing their report;

• §8-42-107.2 (3)(d)(I)- Division IME doctors are prohibited from requiring a claimant to perform repeat testing, when the initial testing results were valid;
  

• §8-42-113.5 (b.5)(I)- Respondents must assert a claim for overpayment within one year after the existence of the overpayment becomes known;
  

•  §8-42-201 (1)- A party seeking to modify an issue determined by a general or final admission, summary order, or a full order to must bear the burden of proof for any such modification.

• §8-43-203(2)(b)(II)(A)- Any issue for which a hearing or application for hearing is pending at the time that the final admission of liability is filed shall proceed to the hearing without the need for the applicant to re-file the application for hearing on the issue.

• §8-43-404(2)(a)- A IME or examining physician must  complete a written report and provide it to both parties simultaneously and  record the IME.

In addition, the following new provisions now apply to all new and pending workers' compensation claims:

• The Director of the Workers' Compensation Division must establish a single life expectancy table based on mortality tables issued by the federal government and private industry twice a year;
  

• Respondents must pay any lump sum settlement funds within 15 days after receiving the executed settlement order; and 

• All documents must be transmitted or served in the same manner or by the same means to all required recipients.

For more information on these proposed changes, please contact Jessica Moran at 720-488-9586, ext. 435 or by email at jmoran@tpm-law.com.