First Regular Session
              Sixty-sixth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 07-0391.01 Thomas Morris        SENATE BILL 07-038
                   SENATE SPONSORSHIP
 Renfroe, 
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Health and Human Services
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the suspension of payment of temporary
            disability benefits due to an employee's failure to
            attend a medical appointment.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Specifies that if an employee fails to appear at a rescheduled
       medical appointment for purposes of determining workers' compensation
       disability, the insurer or self-insured employer may, without a prior
       hearing, suspend payment of temporary disability benefits to the
       employee until the employee appears at a subsequent rescheduled
       appointment.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  The introductory portion to 8-42-106 (2), Colorado
       Revised Statutes, is amended, and the said 8-42-106 is further amended
       BY THE ADDITION OF A NEW SUBSECTION, to read:
            8-42-106.  Temporary partial disability.  (2)  Except as
       specified in subsection (3) of this section, temporary partial disability
       payments shall continue until the first occurrence of either one of the
       following:
            (3)  If an employee fails to appear at an appointment with
       the employee's attending physician, the insurer or self-insured
       employer shall notify the employee by certified mail that
       temporary disability benefits may be suspended after the
       employee fails to appear at a rescheduled appointment.  If the
       employee fails to appear at a rescheduled appointment, the
       insurer or self-insured employer may, without a prior hearing,
       suspend payment of temporary disability benefits to the
       employee until the employee appears at a subsequent
       rescheduled appointment.
            SECTION 2.  Effective date - applicability.  (1)  This act shall
       take effect at 12:01 a.m. on the day following the expiration of the
       ninety-day period after final adjournment of the general assembly that is
       allowed for submitting a referendum petition pursuant to article V,
       section 1 (3) of the state constitution, (August 8, 2007, if adjournment
       sine die is on May 9, 2007); except that, if a referendum petition is filed
       against this act or an item, section, or part of this act within such period,
       then the act, item, section, or part, if approved by the people, shall take
       effect on the date of the official declaration of the vote thereon by
       proclamation of the governor.
            (2)  The provisions of this act shall apply to the payment of
       temporary disability benefits occurring on or after the applicable effective
       date of this act.