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2013 Amendments to Colorado Workers’ Compensation Act

As always, there are several amendments to the Act this year. The Division has posted an advisory memorandum that can be found at the following link.

Senate Bill 13-157 clarifies the definition of statutory-employer as it applies to injuries occurring on the premises of a “buyer of goods.”

As discussed in a separate posting to this web log today, Senate Bill 13-249 changes the procedure and timeframe for responding to a Division IME report.

House Bill 13-025, effective July 1, 2013, (1) changes the maximum insurance deductible permitted per claim, and (2) prohibits a respondent from attempting to shift any costs to the claimant or other source.

Senate Bill 13-285 includes six amendments that go into effect July 1, 2013:

(1)     new strict requirements for reimbursing claimants for medical treatment;
(2)     new 15-day time limit for recalculating AWW after a fringe benefit is terminated;
(3)     requirement that TPD be paid at least once every two weeks (just like TTD);
(4)     new 15-day time limit for providing a comprehensive copy of the claim file upon written request;
(5)     requirement that a party seeking attorneys fees for endorsement of an unripe issue has first attempted to have the issue stricken by a prehearing judge, and a requirement that any fees awarded must be “directly” related to the endorsement;
(6)      changing the time for seeking a DIME to challenge the ATP’s opinion that a claimant is not at MMI from 18 months to 24 months from the date of injury, and requiring the 24-month  DIME physician to give an impairment rating if claimant is at MMI (and applying the heightened burden to overcoming both opinions).

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