Colorado Legislative Council Staff

NO FISCAL IMPACT

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

Summary of Assessment

            This bill requires the Division of Workers' Compensation, Department of Labor and Employment, to select one independent medical examiner (IME) from the list maintained by the division, if the parties to a workers' compensation claim are unable to agree on the selection of an IME. The bill makes this provision applicable to all claims pending before the division. The bill repeals Rule XIV of the Department of Labor and Employment, Division of Workers' Compensation, concerning the implementation of the IME provisions of House Bill 98-1062. The bill would become effective upon signature of the Governor.

            The bill will require the division to appoint one IME doctor, rather than the current procedure of giving parties three names and allowing them to strike one each. This will require the division to amend a rule. The division has indicated that this rule change, like many other rule changes, could give rise to increased litigation. The division can absorb the cost of amending this rule within their existing resources. The bill will not impact any other state agency, or unit of local government. Therefore, this bill is assessed as having no fiscal impact.

Departments Contacted

            Labor and Employment