Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING THE FINDINGS OF INDEPENDENT MEDICAL EXAMINERS IN WORKERS' COMPENSATION CLAIMS.

Summary of Assessment

            This bill makes changes to the regulation of the independent medical examiner (IME) in workers' compensation claims cases, administered by the Division of Workers' Compensation, Department of Labor and Employment. The bill specifies that the physical impairment rating of an IME be based solely upon the examination of the injured employee and the medical records detailing the treatment received from authorized treating physicians. The bill prohibits the IME from making a physical impairment rating concerning any condition not documented in the medical records of the IME and the authorized treating physicians. The bill would become effective 90 days following the Legislature's adjournment, unless a petition referendum is filed and approved by the voters.

            The changes in the bill will require the division to revise accreditation and IME materials and two current rules. The division has indicated that these rule changes, like many other rule changes, could give rise to increased litigation. The costs to the division to revise materials and amend current rules is minimal and can be absorbed within existing resources. The bill will not affect any other state agency or unit of local government. Therefore, this bill is assessed as having no fiscal impact.

Departments Contacted

            Labor and Employment