Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING PROCEDURAL REQUIREMENTS FOR THE SELECTION OF AN INDEPENDENT MEDICAL EXAMINER IN CASES OF DISPUTES UNDER THE “WORKERS’ COMPENSATION ACT OF COLORADO”.

Summary of Assessment

            The provisions in this bill would provide a statutory time line with deadlines to be met by the parties when an independent medical examiner (IME) is to be selected for purposes of resolving a dispute over medical treatment under the provisions of the “Workers’ Compensation Act”.

            The bill would adopt a timetable for the selection of an IME that commences with the date of mailing the finding or determination that is disputed. It would require that within twenty days after such mailing date, the party disputing the claim notify the other party in writing and propose one or more acceptable candidates for the purpose of entering into negotiations for the selection of an IME. The opposing party would have 10 days after the date of the mailing to negotiate the selection of an IME. If the parties are unable to agree on an IME, the Division of Workers’ Compensation, Department of Labor and Employment, would select an IME from a list of IMEs maintained by the division.

            The provisions of this bill would reduce the current workload of the Division of Workers’ Compensation to conduct the research required to select IMEs under current law. This reduction in workload would be offset by additional workload to process IMEs within the time lines established in the bill. The bill would not affect any other agency of the state, or unit of local government. Therefore, the bill is assessed as having no fiscal impact.

            The bill will become effective at 12:01 a.m. on the day following the ninety-day period after adjournment sine die of the General Assembly, or on the date of the official declaration of the vote of the people as proclaimed by the Governor, if a referendum petition is filed pursuant to Article V, Section 1 (3) of the State Constitution.

Departments Contacted

            Labor and Employment