Colorado workers' comp change tightens review deadlines

Several bills recently signed into law by Governor Hickenlooper will change some of the deadlines in Colorado workers' compensation cases.

2013-06-22

June 22, 2013 (Press-News.org) Colorado workers' comp change tightens review deadlines

The end of a legislative term is when many bills are finally ready for the governor's desk. In the last weeks of May, Governor Hickenlooper signed 104 bills into law.

Of the bills signed into law, SB 13-249 changes some of the deadlines in Colorado workers' compensation cases. Senator Lois Tochtrop and Representative Angela Williams sponsored the legislation. The bill will require that the state Division of Workers' Compensation review Division Independent Medical Examiner's (DIME) Reports within five days. Then the agency must notify the parties of any deficiencies or corrections.

When deficiencies exist in the report, the agency sends an Incomplete Notice to the parties and the physician. The physician then has 20 days to make revisions. When a response is not received, the agency issues another Incomplete Notice, but it triggers the period when an insurer can take action.

Shorter timeframe for insurer action

Workers' compensation insurers used to have 30 days to admit the finding in the DIME or appeal by filing an Application for Hearing. After August 7, 2013, the insurer will only have 20 days to admit or contest the findings.

The 20-day timeframe commences on the date the DIME Report Receipt issues. If the finding is "not at MMI" or medical maximum improvement the insurer might file an admission and authorize the injured worker to return for more treatment from the treating physician or seek an administrative hearing to contest the findings.

The changes mean an injured worker will find out the insurer's decision sooner and likely receive faster treatment.

Other changes effective in 2013

Another piece of legislation, Senate Bill 13-285, will also lead to some workers' compensation changes in 2013. For instance, an insurer will need to reimburse an injured worker for the full amount he or she paid for treatment. If this amount is above the fee schedule, the insurer will need to seek reimbursement from the medical provider.

Some of the other changes relate to the payment of benefits amount of timing of certain requests and, including:
-Temporary partial benefits must be paid at least once every two weeks similar to the payment of temporary total benefits
-An insurer must provide a copy of a claim file within 15 days after an injured worker mails a written request
-Insurers must now wait 24 months rather than 18 months from the date of the injury before requesting a DIME to review whether an injured worker has reached MMI

Changes such as the deadline for sending a complete claim file should help to streamline the workers' compensation process. The extension of time for the DIME reports will mean injured workers will not have to worry about another medical examination that might overrule the opinion of the treating physician regarding MMI as soon.

Following a workplace injury, consult an experienced Colorado workers' compensation attorney who can advise of procedural requirements and ensure you receive all benefits to which you are entitled.

Article provided by Eley Law Firm
Visit us at www.eleylawfirm.com

ELSE PRESS RELEASES FROM THIS DATE:

"Underground economy" puts strain on legitimate California businesses

2013-06-22

"Underground economy" puts strain on legitimate California businesses Not that long ago, the phrase "underground economy" evoked images of gangsters and drug dealers who operated outside of the mainstream business world out of necessity to keep their activities from drawing the attention of law enforcement. Now, though, while it still likely involves the criminals of yore, the underground economy has swelled to include much more respectable employers and employees (like carpenters, contractors, computer repair services, grocers and countless others) ...

Agency grants more young undocumented immigrants relief through Deferred Action

2013-06-22

Agency grants more young undocumented immigrants relief through Deferred Action Recently the government released figures on the number of young people who had applied for relief under the Deferred Action for Childhood Arrivals program. As of April 30, the number of young undocumented immigrants applying for the program reached approximately 515,000, according to the U.S. Customs and Immigration Service. Of this figure, more than 141,000 applications were from California. Since last August, the program has made it possible for many young people to receive a temporary ...

An Overview of US Airways v. McCutchen

2013-06-22

An Overview of US Airways v. McCutchen Recent Supreme Court case reinforces need for skilled counsel in injury cases involving ERISA plans A recent decision handed down by the United States Supreme Court highlights how the complexity of insurance plan language can affect personal injury cases, and how subrogation claims interplay with an injured party's financial compensation. The facts The McCutchen case started out like many other personal injury and Employee Retirement Income Security Act (ERISA) matters: the plaintiff, a former mechanic for transportation ...

New York police cracking down on seat belt law violations

2013-06-22

New York police cracking down on seat belt law violations From May 20 through June 2, 2013, New York law enforcement participated in a national campaign to raise awareness about seat belt laws through a special increase in enforcement of those laws. New York drivers face stiff penalties if they receive citations for seat belt law violations, so they should understand the state's seat belt laws. Click It or Ticket campaign The National Highway Traffic Safety Administration, the federal agency charged with lessening the loss of life, property and money due to auto ...

Motorcycle accident leaves one dead and another seriously injured

2013-06-22

Motorcycle accident leaves one dead and another seriously injured KOMO News recently reported on a motorcycle accident that left a 26-year-old man dead and a 45-year-old man injured. The report stated that the accident happened on Highway 101 about five miles south of Quilcene. According to the news report, the 26-year-old man was driving his motorcycle north on a right-hand curve on Highway 101 when he allegedly crossed into the southbound lane and collided with another motorcyclist. Both of the motorcyclists were ejected from their bikes. The 26-year-old man ...

Evidence requirements of a South Carolina marijuana trafficking charge

2013-06-22

Evidence requirements of a South Carolina marijuana trafficking charge The actual or constructive possession of marijuana in South Carolina comes with serious consequences. In the last legislative session, one South Carolina lawmaker did seek to change state marijuana laws with an amendment to legalize medical marijuana in the state. However, fellow legislators shut down his effort. Because it is against South Carolina law to possess even a small amount of marijuana, law enforcement officers take the offense seriously. Recently, drug trafficking and possession changes ...

New immigration bill will affect businesses and workers in Florida

2013-06-22

New immigration bill will affect businesses and workers in Florida Human migration is a historically natural phenomenon. For centuries, people have been moving from one area of the world to another in search of food, shelter, a better job and a nicer place to call home. This is especially so in our modern world with the ease of global travel. For many years, the U.S. has struggled with immigration laws and how best to serve the people of the world who visit and relocate to America. In turn, businesses across the country rely heavily on immigrant workers, especially ...

A brief look at workers' compensation for asbestos exposure

2013-06-22

A brief look at workers' compensation for asbestos exposure Job-related illnesses, such as asbestosis and mesothelioma, affect thousands of workers in the United States. Although asbestos was more common on job sites many years ago, the effects of the exposure received during the early years are just now starting to manifest in some individuals. Those who have been injured by such diseases as part of their jobs often seek to obtain financial help by applying for workers' compensation. However, due to changes in the law, it has become much more difficult to prove injuries ...

US Supreme Court issues decision in case involving drug-sniffing dogs

2013-06-22

US Supreme Court issues decision in case involving drug-sniffing dogs Protecting the right of people to be free from unreasonable searches and seizures is at the heart of the Fourth Amendment of the United States Constitution. Minnesota mirrors the protections of the Fourth Amendment in article I, section 10 of the state constitution. State and federal courts frequently must decide if evidence seized by law enforcement officers and used to prove criminal charges violates the Minnesota and federal constitutional protections. In some of these cases, a police dog trained ...

Injection drugs recalled after causing fever, flu-like symptoms

2013-06-22

Injection drugs recalled after causing fever, flu-like symptoms The FDA reported that in April 2013, a pharmaceutical company had to recall injection drugs after receiving reports of fever, flu-like symptoms and soreness from patients who received an injection of the drug. The FDA alerted health care providers of their concerns about drug products made and distributed by the company, and instructed them to quarantine any of the drugs from that company immediately. Also, FDA investigators inspected one of the company's facilities and observed what they described as poor ...

Colorado workers' comp change tightens review deadlines

ELSE PRESS RELEASES FROM THIS DATE:

LAST 30 PRESS RELEASES: