First Regular Session
Sixty-second General Assembly
LLS NO. 99-0214.02 Robert Neill HOUSE BILL 99-1129
STATE OF COLORADO
BY REPRESENTATIVES McElhany and May
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
101 CONCERNING THE FINDINGS OF INDEPENDENT MEDICAL EXAMINERS IN
102 WORKERS' COMPENSATION CLAIMS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Specifies that the physical impairment rating 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 received by the employee from authorized treating physicians.
Provides that the independent medical examiner shall not make any
physical impairment rating concerning any condition not documented in
such medical records.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 8-42-107 (8), Colorado Revised Statutes, is
3 amended BY THE ADDITION OF A NEW PARAGRAPH to read:
4 8-42-107. Permanent partial disability benefits - schedule -
5 medical impairment benefits - how determined. (8) Medical
6 impairment benefits - determination of MMI for scheduled and
7 nonscheduled injuries. (c.1) THE PHYSICAL IMPAIRMENT RATING OF AN
8 INDEPENDENT MEDICAL EXAMINER SHALL BE BASED SOLELY UPON THE
9 EXAMINATION OF THE INJURED EMPLOYEE AND THE MEDICAL RECORDS
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 DETAILING THE TREATMENT RECEIVED BY THE INJURED EMPLOYEE FROM
2 AUTHORIZED TREATING PHYSICIANS. THE INDEPENDENT MEDICAL
3 EXAMINER SHALL NOT MAKE ANY PHYSICAL IMPAIRMENT RATING
4 CONCERNING ANY CONDITION NOT DOCUMENTED IN SUCH MEDICAL
5 RECORDS.
6 SECTION 2. Effective date - applicability. (1) This act shall
7 take effect at 12:01 a.m. on the day following the expiration of the
8 ninety-day period after final adjournment of the general assembly that is
9 allowed for submitting a referendum petition pursuant to article V,
10 section 1 (3) of the state constitution; except that, if a referendum petition
11 is filed against this act or an item, section, or part of this act within such
12 period, then the act, item, section, or part, if approved by the people, shall
13 take effect on the date of the official declaration of the vote thereon by
14 proclamation of the governor.
15 (2) The provisions of this act shall apply to all disputes concerning
16 maximum medical improvement occurring on or after the applicable
17 effective date of this act.