Blog

October 6, 2021
New Information re: Collection of Prescription Drug Information for WCMSAs

On October 6, 2014, the Centers for Medicare and Medicaid Services will be implementing a change to its online portal which will allow users to enter prescription drug information directly into the portal, which will allow users to “input and calculate the proposed prescription drug portion of the WCMSA proposal.” A new informational alert titled […]

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October 6, 2021
Notice of Rule Hearing - Proposed Changes to W.C.R.P. 5 - Claims Adjusting Requirements

The Division of Workers’ Compensation has scheduled a public hearing to to address the proposed changes to W.C.R.P. 5 - Claims Adjusting Requirements. The hearing will be held in the 12th Floor Conference Room at 633 17th Street in Denver. The public hearing will be held in accordance with the provisions of the Colorado Administrative […]

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October 6, 2021
Travel to and from Work Compensable if Job Requires Use of Automobile

Colorado has recognized a longstanding rule that injuries sustained by workers traveling to work from home (and while returning home), are not compensable because they are not seen as arising out of employment. In 1999 the Colorado Supreme Court recognized that the facts of any particular case may justify an exception to this general rule, […]

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October 6, 2021
Changes to DWC Electronic Filing

The Division of Workers' Compensation announced that starting on November 1, 2014 the EDI online application will be moving to a new server. When you access the program you will be redirected to the new server website. Therefore, if you have a bookmark or shortcut to the application on your computer or web browser, you will […]

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October 6, 2021
Holders of Certificate of Insurance Required to be Notified of Cancellation of Workers’ Compensation Policy

The Court of Appeals recently remanded a case back to the Administrative Law Judge to determine whether Pinnacol Assurance should be estopped from denying coverage to a subcontractor because Pinnacol failed to notify the general contractor and the owner of rental property that Pinnacol cancelled the policy. Hoff v. Industrial Claim Appeals Office, ___ P.3d […]

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October 6, 2021
Is Workplace Noise Exposure “A Growing National Problem”? The ATA Thinks So…

Each year in the U.S., roughly 30 million American workers are exposed to excessive noise in their workplaces, according to the National Institute of Occupational Safety and Health (NIOSH). Such dangerous levels of consistent workplace noise exposure can put workers at risk of sustaining serious injuries, including: The ATA believes that workplace noise exposure is […]

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October 6, 2021
New Program Will Try to Reduce Fatal Falls for Cell Tower Technicians

Fatal falls are a big problem for cell tower workers, but a new national program will try to reverse this trend and save cell tower technicians’ lives. Fatal falls are a big problem for cell tower workers, but a new national program will try to reverse this trend and save cell tower technicians’ lives. The […]

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October 6, 2021
CMS Issues Notice of Hydrocodone Combination Product Coverage Changes for WCMSA Proposals Submitted on or after January 1, 2015

In October 2014, the U.S. Drug Enforcement Administration rescheduled all hydrocodone combination products from schedule C-III controlled substances to C-II controlled substances. C-II controlled substances require new prescriptions at intervals no greater than 30 days, though a practitioner may issue up to three consecutive prescriptions in one visit (essentially authorizing the patient to receive a […]

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October 6, 2021
5 Simple Tips for Preventing Winter Slip and Falls at Work

The cold and icy conditions of wintertime in Colorado can increase the chances that people will experience slip and fall accidents anywhere – including at work. In fact, as the Bureau of Labor Statistics reports, over the past year, workers compensation claims in the U.S. that were related to injuries from winter slip and fall […]

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October 6, 2021
2015 Colorado Workers’ Comp Insurance Premiums Won’t Increase for Many Employers

2015 Colorado workers’ comp insurance premiums will not cost more for the average employer, the CDI recently noted. This is a look at why. 2015 Colorado workers’ comp insurance premiums will not cost more for the average employer, as the “loss costs” of these premiums did not spike for the first time since 2010. As […]

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October 6, 2021
Employee’s Cost of Converting Health Insurance Under COBRA

Section 8-40-201(19) provides that the term “wages” shall include “the amount of the employee’s cost of continuing the employer’s group health insurance plan and, upon termination of the continuation, the employee's cost of conversion to a similar or lesser insurance plan.” Recently, an employer raised an interesting defense to the claimant’s request to increase his […]

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October 6, 2021
Claimant’s Attorney’s Negligence May Be a Reasonable Excuse for Failure to File a Claim Within the Two-Year Statute of Limitations

Section 8-43-103(2) creates a two-year statute of limitations to file a claim for compensation. However, the statute also extends the statute of limitations to three years where it is established that a “reasonable excuse exists for the failure to file” a claim for compensation. An attorney’s negligence in filing the claim for compensation timely may […]

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October 6, 2021
REMINDER: Statutory Changes to the Designated Provider List

Effective April 15, 2015, § 8-43-404(5) will require employers to increase the number of physicians which must be offered to an employee on the Designated Provider List from two to four physicians, corporate medical providers or a combination of both, where available. At least one of the designated providers must be at a distinct location […]

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October 6, 2021
Division of Workers’ Compensation to Soon to Issue “Medical Treatment Guidelines Reference Guide for Adjusters”

The Division of Workers’ Compensation’s All About Claims newsletter indicates that the Division of Workers’ Compensation is working on a new electronic reference guide for adjusters entitled “Medical Treatment Guidelines Reference Guide for Adjusters.” The four most important elements to be featured in the new guide include: procedures or services which require Prior Authorization and […]

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October 6, 2021
Colorado Workers’ Compensation Claim Timelines: A Helpful Overview

Workers compensation benefits can provide you with essential financial support while you recover from a workplace injury – but the journey to getting them can be complicated, especially considering that: There are various timelines that have to be met in order for claims to proceed smoothly. Missing Colorado workers compensation claim timelines can result in […]

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