Due to the passage of the Patient Protection and Affordable Care Act (Obamacare), effective January 1, 2014, all restrictions on barbiturate indications will be lifted and any medically accepted indication will have coverage under the Medicare Part D Benefit. Therefore, CMS will begin allocating barbiturates for all medically accepted indications within WCMSAs (barbiturates currently are […]
The Centers for Medicare and Medicaid Services (CMS) has updated its Workers’ Compensation Medicare Set-Aside Arrangement (WCMSA) Reference Guide to document the current WCMSA review process and provide more detailed information on the actions performed by the Workers’ Compensation Recovery Contractor (WCRC). The updated Reference guide can be found here. The following sections of the […]
In an e-mail sent by the Colorado Division of Workers' Compensation on Friday, November 22, 2013, the DWC announced that is working with the Governor's Office of Information Technology to upgrade and migrate the EDI (electronic filing) website. The decision to migrate the system was influenced by the number of recent outages experienced. This migration […]
Fall injuries are reportedly the number one cause of workers’ compensation claims in the U.S., as each year more than 9 million American workers seek hospital treatment after sustaining a fall accident. While many of these fall accidents occur due to slips or trips that cause people to take a tumble without falling from some […]
It has long been settled law that if the respondent fails to file an Application for Hearing timely challenging the opinions of the Division IME physician, the opinion becomes binding. Leprino v. Industrial Claim Appeals Office, 134 P.3d 475 (Colo. App. 2005)(the requirements of §8-42-107.2(4) are jurisdictional and if the parties fail to request a […]
If you work outdoors, then the winter season can be a particular dangerous time, especially if you are in the Midwest or Northeast, as the record-breaking cold temperatures have made it riskier than ever to be outside for extended periods of time. Whether this is your first winter working outdoors or you have been facing […]
The rate for mileage increased to $.53 per mile effective January 1, 2014. If you want to bookmark W.C.R.P. 18-6 Division Established Codes and values, click here.
Effective immediately, all correspondence sent to the Prehearings and Settlement Unit should be sent to the 4th Floor: Division of Workers' Compensation Prehearings and Settlement Unit 633 17th Street, 4th Floor Denver, CO 80202 In addition, on February 13 and 14, 2014, the Division of Workers’ Compensation’s Prehearings and Settlement Unit is moving its offices […]
On January 21, 2014, the Director of the Division of Workers’ Compensation adopted changes to Rule 5-5 (admissions of liability) and Rule 7. To see the new changes to both Rules, click here. The amendments are effective on March 17, 2014. You may remember that the legislature recently amended Section 8-42-107.2(4)(c) to require the Division IME Unit […]
The Centers for Medicare and Medicaid Services (CMS) has announced that it will begin referencing the Centers for Disease Control’s Table 1: Life Table for the total population: United States, 2009, to calculate life expectancies for all Workers’ Compensation Medciare Set-Aside Agreements, effective March 31, 2014. The CDC’s 2009 Life Tables may be found here.
The Supreme Court of Colorado recently issued an opinion which significantly changes the traditional analysis of claims based on an unexplained fall. City of Brighton v. Rodriguez, 2014 CO 7, 318 P.3d 496 (Colo. 2014). In the underlying case, the claimant fell while walking down a set of stairs. The employer filed a General Admission […]
Smaller cities that are focused on a certain industry tend to be the most dangerous for American workers, as they are where the most fatal work injuries and occupational illnesses tend to arise (according to data gathered by various federal agencies). In fact, recently released data indicates that the following are the deadliest cities for […]
Workers’ compensation benefits are intended to provide injured workers with financial support as they focus on recovering from on-the-job injuries. Despite the fact that this system has limited resources and that many people who apply for these benefits have a real need for them, there are some people who may try to take advantage of […]
Wrapping up our two-part blog 5 Things to Know about Workers’ Compensation Fraud, below is some more important information regarding workers’ compensation fraud. If you have specific questions regarding workers’ compensation benefits and would like to know more about your rights and options, contact the Law Office of Steven J. Picardi. We are happy to answer […]
In a prior post, I addressed the recently-added three subsections to W.C.R.P. 7-1, including subsection subsection (E), which provides that an insurer may file a final admission of liability based on the claimant’s voluntary abandonment of a claim if the claimant: (1) is not receiving temporary disability benefits; (2) provides written notice (in a forthcoming Division form) […]
