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New Colorado Workers' Compensation Laws - May 25, 2011 

Thomas Pollart & Miller LLC  
5600 S. Quebec St., Suite 220-A
Greenwood Village, CO 80111

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TPM Newsletter Editor

 

 Joshua D. Brown Esq.

   



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Dear Client,    


A NUMBER OF NEW COLORADO WORKERS' COMPENSATION LAWS HAVE JUST BEEN SIGNED BY THE GOVERNOR THAT YOU NEED TO KNOW ABOUT!
   

 

These new laws significantly impact workers' compensation carriers and the handling of workers' compensation claims.  Below please find a list of the significant workers' compensation bills that are effective immediately. 

 

Admission for Maintenance Medical Benefits

 

Respondents must admit liability for reasonable, necessary and related maintenance medical benefits in a Final Admission of Liability if (1) an authorized treating physician recommends maintenance medical benefits and (2) there is no contrary medical opinion in the record.

 

Expenses to Attend Respondents' IME

 

Respondents must pay claimant's expenses (transportation, food, and hotel costs) of attending a Respondents' IME if claimant requests it.  Upon such a request, payments must be made 3 business days in advance of the IME.  If Respondents do not timely pay, claimant does not have to attend the examination.

 

If Respondents pay but claimant fails to attend the examination, Respondents can recover the amount paid for the expenses from claimant's future indemnity payments.  

Discovery and Represented Parties  

 

Discovery is automatically permitted if each party is represented by an attorney.  This eliminates the need for represented parties to agree to engage in discovery.

 

Request for  Lump Sum Payment of Permanent Partial Disability Benefits   

 

For all claims regardless of the date of injury, claimants are no longer found to have "waived" their right to pursue permanent total disability benefits if they request a lump sum payment of permanent partial benefits.   

 

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