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Second Regular Session
Sixty-first General Assembly
LLS NO. 980440.01 BWM
SENATE BILL 98047
STATE OF COLORADO
BY SENATOR Ament;
also REPRESENTATIVE Schauer.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING THE FINDINGS OF INDEPENDENT MEDICAL EXAMINERS
IN WORKERS' COMPENSATION CLAIMS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Specifies that the findings of an independent medical
examiner in a workers' compensation claim shall be based solely
upon the examination of the employee and medical records detailing
treatment. Provides that the independent medical examiner shall
not make any finding for any condition not documented in such
medical records. Imposes a penalty upon any party or any person
on behalf of a party who communicates or attempts to communicate
with the independent medical examiner.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 842107 (8), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
842107. Permanent partial disability benefits schedule medical impairment benefits how determined. (8) Medical impairment benefits determination of MMI for scheduled and nonscheduled injuries. (c.1) THE FINDING OF AN INDEPENDENT MEDICAL EXAMINER SHALL BE BASED SOLELY UPON THE EXAMINATION OF THE INJURED EMPLOYEE AND MEDICAL RECORDS DETAILING THE TREATMENT RECEIVED BY THE INJURED EMPLOYEE FROM AUTHORIZED TREATING PHYSICIANS. THE INDEPENDENT MEDICAL EXAMINER SHALL NOT MAKE ANY FINDINGS NOT DOCUMENTED IN SUCH MEDICAL RECORDS. EXCEPT WHEN SCHEDULING THE INDEPENDENT MEDICAL EXAMINATION OR WHEN EXAMINING THE INJURED EMPLOYEE, ANY PARTY OR ANY PERSON ON BEHALF OF A PARTY WHO COMMUNICATES WITH OR ATTEMPTS TO COMMUNICATE WITH THE INDEPENDENT MEDICAL EXAMINER, IN WRITING OR OTHERWISE, SHALL BE SUBJECT TO A PENALTY OF FIVE THOUSAND DOLLARS FOR EACH SUCH COMMUNICATION OR ATTEMPTED COMMUNICATION.
SECTION 2. Effective date applicability. This act shall take effect upon passage and shall apply to all disputes concerning maximum medical improvement occurring 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.