BY REPRESENTATIVE T. Williams;
also SENATORS Dennis, Norton, Phillips, and Thiebaut.
CONCERNING DISCOVERY IN WORKERS' COMPENSATION CLAIMS.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 843207
(1) (e), Colorado Revised Statutes, is amended to read:
843207. Hearings.
(1) Hearings shall be held to determine any controversy
concerning any issue arising under articles 40 to 47 of this title.
In connection with hearings, the director and administrative
law judges are empowered to:
(e) Upon written motion and for good cause
shown, permit parties to cause depositions
to be taken ENGAGE IN DISCOVERY;
EXCEPT THAT PERMISSION NEED NOT BE SOUGHT IF EACH PARTY IS REPRESENTED
BY AN ATTORNEY, AND THE PARTIES AGREE TO ENGAGE IN DISCOVERY.
The director or administrative law judge may RULE ON DISCOVERY
MATTERS AND impose the sanctions provided in the rules of civil
procedure in the district courts for willful failure to comply
with permitted discovery. Notwithstanding
any rules to the contrary, no discovery or evidentiary deposition
in any matter arising under articles 40 to 47 of this title may
be taken without the prior written order of an administrative
law judge pursuant to written motion authorizing any such deposition
as specified in this paragraph (e).
SECTION 2. Effective date applicability.
This act shall take effect upon passage, and shall apply to workers'
compensation claims filed on or after said date.
SECTION 3. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO