(1) In case of temporary partial disability, the employee shall receive sixty-six and two-thirds percent of the difference between the employee's average weekly wage at the time of the injury and the employee's average weekly wage during the continuance of the temporary partial disability, not to exceed a maximum of ninety-one percent of the state average weekly wage per week. Temporary partial disability shall be paid at least once every two weeks.
(2) Temporary partial disability payments shall continue until the first occurrence of either one of the following:
(a) The employee reaches maximum medical improvement; or
(b) (I) The attending physician gives the employee a written release to return to modified employment, such employment is offered to the employee in writing, and the employee fails to begin such employment.
(II) In the case of employment by a temporary help contracting firm, once the employee has received one written offer of modified employment meeting the requirements of subparagraph (III) of this paragraph (b), the employee shall be deemed to be on notice that modified employment is available. Subsequent offers of modified employment need not be in writing so long as the job requirements of such modified employment are within the restrictions given the employee by the employee's attending physician and the employee is allowed a period of at least twenty-four hours, not including any part of a Saturday, Sunday, or legal holiday, within which to respond to any such offer.
(III) A written offer of modified employment under subparagraph (II) of this paragraph (b) shall clearly state:
(A) That future offers of employment need not be in writing;
(B) The policy of the temporary help contracting firm regarding how and when employees are expected to learn of such future offers; and
(C) That benefits under this section will be terminated if an employee fails to respond to an offer of modified employment.
Source: L. 90: Entire article R&RE, p. 491, � 1, effective July 1. L. 91: Entire section amended, p. 1306, � 14, effective July 1. L. 96: Entire section amended, p. 828, � 3, effective July 1. L. 2013: (1) amended, (SB 13-285), ch. 301, p. 1594, � 3, effective July 1.
Editor's note: This section is similar to former � 8-51-103 as it existed prior to 1990.
8-42-107. Permanent partial disability benefits - schedule - medical impairment benefits - how determined. (1) Benefits available. (a) When an injury results in permanent medical impairment, and the employee has an injury or injuries enumerated in the schedule set forth in subsection (2) of this section, the employee shall be limited to medical impairment benefits as specified in subsection (2) of this section.
(b) When an injury results in permanent medical impairment and the employee has an injury or injuries not listed on the schedule specified in subsection (2) of this section, the employee is limited to medical impairment benefits as specified in subsection (8) of this section, except as provided in subsection (7)(b)(IV) of this section.
(2) Scheduled injuries. In case an injury results in a loss set forth in the following schedule, the injured employee, in addition to compensation to be paid for temporary disability, shall receive compensation for the period as specified:
(a) The loss of an arm at the shoulder208 weeks
(a.5) The loss of an arm above the hand including the wrist208 weeks
(b) (Deleted by amendment, L. 94, p. 2002, � 4, effective July 1, 1994.)
(c) The loss of a hand below the wrist104 weeks
(d) The loss of a thumb and the metacarpal bone thereof50 weeks
(e) The loss of a thumb at the proximal joint35 weeks
(f) The loss of a thumb at the second or distal joint18 weeks
(g) The loss of an index finger and the metacarpal bone thereof26 weeks
(h) The loss of an index finger at the proximal joint18 weeks
(i) Loss of an index finger at the second joint13 weeks
(j) Loss of an index finger at the distal joint9 weeks
(k) Loss of a second finger and the metacarpal bone thereof18 weeks
(l) Loss of a middle finger at the proximal joint13 weeks
(m) Loss of a middle finger at the second joint9 weeks
(n) Loss of a middle finger at the distal joint5 weeks
(o) Loss of a third or ring finger and the metacarpal bone thereof11 weeks
(p) Loss of a ring finger at the proximal joint7 weeks
(q) Loss of a ring finger at the second joint7 weeks
(r) Loss of a ring finger at the distal joint4 weeks
(s) Loss of a little finger and the metacarpal bone thereof13 weeks
(t) Loss of a little finger at the proximal joint9 weeks
(u) Loss of a little finger at the second joint9 weeks
(v) Loss of a little finger at the distal joint4 weeks
(w) Loss of a leg at the hip joint or so near thereto as to preclude
the use of an artificial limb208 weeks
(w.5) The loss of a leg above the foot including the ankle208 weeks
(x) (Deleted by amendment, L. 94, p. 2002, � 4, effective July 1, 1994.)
(y) The loss of a foot below the ankle104 weeks
(z) The loss of a great toe with the metatarsal bone thereof26 weeks
(aa) The loss of a great toe at the proximal joint18 weeks
(bb) The loss of a great toe at the second or distal joint9 weeks
(cc) The loss of any other toe with the metatarsal bone thereof11 weeks
(dd) The loss of any other toe at the proximal joint4 weeks
(ee) The loss of any other toe at the second or distal joint4 weeks
(ff) The loss of a tooth6 weeks
(gg) Total blindness of one eye104 weeks
(hh) Total deafness of both ears139 weeks
(ii) Total deafness of one ear35 weeks
(jj) Where worker prior to injury has suffered a total loss of
hearing in one ear, and as a result of the accident loses
total hearing in remaining ear139 weeks
(3) Temporary disability terminates as to injuries coming under any provision of this section upon the occurrence of any of the events enumerated in section 8-42-105 (3).
(4) For the purpose of this schedule, permanent and complete paralysis of any member as the proximate result of accidental injury shall be deemed equivalent to the loss thereof.
(5) If amputation is made between any two joints mentioned in this schedule, except amputation between the knee and the hip joint, the resulting loss shall be estimated as if the amputation had been made at the joint nearest thereto. If any portion of the bone of the distal joint of any finger, thumb, or toe is amputated, the amount paid therefor shall be the amount allowed for amputation at said distal joint.
(6) (a) The amounts specified in subsections (1) to (5) of this section shall be at the compensation rate of one hundred seventy-six dollars per week.
(b) On July 1, 2000, and on each succeeding July 1 thereafter, the compensation rate established in this subsection (6) shall be modified for claims arising on and after such date by the same percentage increase or decrease as the state average weekly wage as determined by the director when the director establishes the state average weekly wage pursuant to section 8-47-106.
(7) (a) When an injured employee sustains two or more injuries coming under this schedule, the disabilities specified in subsections (1) to (5) of this section shall be added, and the injured employee shall receive the sum total thereof; except that, where the injury results in the loss or partial loss of use of the index finger and thumb of the same hand or of more than two digits of any one hand or foot, the disability, in the discretion of the director, may be compensated on the basis of the partial loss of use of said hand or foot, measured respectively from the wrist or ankle.
(b) (I) The general assembly finds, determines, and declares that the rating organization that studied the impact of the changes in Senate Bill 91-218, enacted at the first regular session of the fifty-eighth general assembly, assumed that scheduled injuries would remain on the schedule and nonscheduled injuries would be compensated as medical impairment benefits. Therefore, the general assembly finds, determines, and declares that the purpose of changing the provisions of subparagraph (II) of this paragraph (b), as amended by House Bill 99-1157, enacted at the first regular session of the sixty-second general assembly, is to clarify that scheduled injuries shall be compensated as provided on the schedule and nonscheduled injuries shall be compensated as medical impairment benefits, and that, when an injured worker sustains both scheduled and nonscheduled injuries, the losses shall be compensated on the schedule for scheduled injuries and the nonscheduled injuries shall be compensated as medical impairment benefits. The general assembly further determines and declares that mental or emotional stress shall be compensated pursuant to section 8-41-301 (2) and shall not be combined with a scheduled or a nonscheduled injury.
(II) Except as provided in subsection (8) of this section, where an injury causes the loss of, loss of use of, or partial loss of use of any member specified in the foregoing schedule, the amount of permanent partial disability shall be the proportionate share of the amount stated in the above schedule for the total loss of a member, and such amount shall be in addition to compensation for temporary disability. Where an injury causes a loss set forth in the schedule in subsection (2) of this section and a loss set forth for medical impairment benefits in subsection (8) of this section, the loss set forth in the schedule found in said subsection (2) shall be compensated solely on the basis of such schedule and the loss set forth in said subsection (8) shall be compensated solely on the basis for such medical impairment benefits specified in said subsection (8).
(III) Mental or emotional stress shall be compensated pursuant to section 8-41-301 (2) and shall not be combined with a scheduled or a nonscheduled injury, except for the purposes of calculating a claimant's impairment rating to determine the applicable cap for benefits pursuant to section 8-42-107.5.
(IV) When an employee sustains an injury on the schedule of injuries listed in subsection (2) of this section that may also be compensated as specified in subsection (8) of this section, if the amount of compensation for medical impairment when using the schedule of injuries in subsection (2) of this section would be greater than the nonscheduled impairment benefits in subsection (8) of this section, then the employee is entitled to the compensation specified in subsection (2) of this section.
(8) Medical impairment benefits - determination of MMI for scheduled and nonscheduled injuries. (a) When an injury results in permanent medical impairment not set forth in the schedule in subsection (2) of this section, the employee is limited to medical impairment benefits calculated as provided in this subsection (8), except as provided in subsection (7)(b)(IV) of this section. The procedures for determination of maximum medical improvement set forth in subsection (8)(b) of this section are available in cases of injuries set forth in the schedule in subsection (2) of this section and also in cases of injuries that are not set forth in said schedule.
(b) (I) An authorized treating physician shall make a determination as to when the injured employee reaches maximum medical improvement as defined in section 8-40-201 (11.5).
(II) If either party disputes a determination by an authorized treating physician on the question of whether the injured worker has or has not reached maximum medical improvement, an independent medical examiner may be selected in accordance with section 8-42-107.2; except that, if an authorized treating physician has not determined that the employee has reached maximum medical improvement, the employer or insurer may only request the selection of an independent medical examiner if all of the following conditions are met:
(A) At least twenty-four months have passed since the date of injury;
(B) A party has requested in writing that an authorized treating physician determine whether the employee has reached maximum medical improvement and has provided the authorized treating physician with the written report required by subsection (8)(b)(II)(E) of this section;
(C) The authorized treating physician has not determined that the employee has reached maximum medical improvement;
(D) A physician other than the authorized treating physician has examined the employee at least twenty months after the date of the injury and determined that the employee has reached maximum medical improvement; and
(E) The requesting party has provided the authorized treating physician and all other parties with a written report from the physician who has examined the employee pursuant to subsection (8)(b)(II)(D) of this section, indicating that the examining physician has determined that the employee has reached maximum medical improvement, and the authorized treating physician has responded in writing to all the parties that the employee has not reached maximum medical improvement or has failed to respond in writing to all parties within fifteen calendar days after the service of the written report.
(III) Notwithstanding paragraph (c) of this subsection (8), if the independent medical examiner selected pursuant to subparagraph (II) of this paragraph (b) finds that the injured worker has reached maximum medical improvement, the independent medical examiner shall also determine the injured worker's permanent medical impairment rating. The finding regarding maximum medical improvement and permanent medical impairment of an independent medical examiner in a dispute arising under subparagraph (II) of this paragraph (b) may be overcome only by clear and convincing evidence. A hearing on this matter shall not take place until the finding of the independent medical examiner has been filed with the division.
(b.5) When an authorized treating physician providing primary care who is not accredited under the level II accreditation program pursuant to section 8-42-101 (3.5) makes a determination that an employee has reached maximum medical improvement, the following procedures shall apply:
(I) (A) If the employee is not a state resident upon reaching maximum medical improvement, such physician shall, within twenty days after the determination of maximum medical improvement, determine whether the employee has sustained any permanent impairment. If the employee has sustained any permanent impairment, such physician shall conduct such tests as are required by the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment to determine such employee's medical impairment rating and shall transmit to the self-insured employer or insurer all test results and all relevant medical information.
(B) However, if the employee chooses not to have the authorized treating physician perform such tests, or if the information is not transmitted in a timely manner, the self-insured employer or insurer shall arrange and pay for the employee to return to Colorado for examination, testing, and rating, at the expense of the self-insured employer or insurer. If the employee refuses to return to Colorado for examination, no permanent disability benefits shall be awarded.
(C) The self-insured employer or insurer shall, within twenty days after receipt of the medical information described in sub-subparagraph (A) of this subparagraph (I), appoint a level II accredited physician to determine the employee's medical impairment rating. If the employee was treated by an authorized level II accredited physician in Colorado for the same injury for which a medical impairment rating is being sought, the self-insured employer or insurer shall request such physician to determine the claimant's medical impairment rating. At the same time as such rating is transmitted to the self-insured employer or insurer, the level II physician shall transmit a copy of the same to the authorized treating physician and the employee.
(D) If the employee, insurer, or self-insured employer disputes a medical impairment rating, including a finding that there is no medical impairment, made pursuant to sub-subparagraph (A) of this subparagraph (I), the parties to the dispute may select an independent medical examiner in accordance with section 8-42-107.2 to review the rating. The cost of such independent medical examination shall be borne by the requesting party. The finding of such independent medical examiner shall be overcome only by clear and convincing evidence. Any review by an independent medical examiner shall be based on the employee's written medical records only, without further examination, unless a party to the dispute requests that such review include a physical examination by the independent medical examiner. Except when the provisions of section 8-42-107.2 (5)(b) apply, the party requesting a physical examination shall pay all additional costs, including, if applicable, the reasonable cost of returning the employee to Colorado.
(II) If the employee is a state resident, such physician shall, within twenty days after the determination of maximum medical improvement, determine whether the employee has sustained any permanent impairment. If the employee has sustained any permanent impairment, such physician shall refer such employee to a level II accredited physician for a medical impairment rating, which shall be based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment. If the referral is not timely made by the authorized treating physician, the insurer or self-insured employer shall refer the employee to a level II accredited physician within forty days after the determination of maximum medical improvement. If the employee, insurer, or self-insured employer disputes the finding regarding permanent medical impairment, including a finding that there is no permanent medical impairment, the parties to the dispute may select an independent medical examiner in accordance with section 8-42-107.2. The finding of any such independent medical examiner shall be overcome only by clear and convincing evidence.
(c) When the injured employee's date of maximum medical improvement has been determined pursuant to subparagraph (I) of paragraph (b) of this subsection (8), and there is a determination that permanent medical impairment has resulted from the injury, the authorized treating physician shall determine a medical impairment rating as a percentage of the whole person based on the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, in effect as of July 1, 1991. Except for a determination by the authorized treating physician providing primary care that no permanent medical impairment has resulted from the injury, any physician who determines a medical impairment rating shall have received accreditation under the level II accreditation program pursuant to section 8-42-101. For purposes of determining levels of medical impairment, the physician shall not render a medical impairment rating based on chronic pain without anatomic or physiologic correlation. Anatomic correlation must be based on objective findings. If either party disputes the authorized treating physician's finding of medical impairment, including a finding that there is no permanent medical impairment, the parties may select an independent medical examiner in accordance with section 8-42-107.2. The finding of the independent medical examiner may be overcome only by clear and convincing evidence. A hearing on this matter shall not take place until the finding of the independent medical examiner has been filed with the division.
(c.5) When an injury results in the total loss or total loss of use of an arm at the shoulder, a forearm at the elbow, a hand at the wrist, a leg at the hip or so near thereto as to preclude the use of an artificial limb, the loss of a leg at or above the knee where the stump remains sufficient to permit the use of an artificial limb, a foot at the ankle, an eye, an ear, or a combination of any such losses, the benefits for such loss shall be determined pursuant to this subsection (8), except as provided in subsection (7)(b)(IV) of this section.
(d) Medical impairment benefits shall be determined by multiplying the medical impairment rating determined pursuant to paragraph (c) of this subsection (8) by the age factor determined pursuant to paragraph (e) of this subsection (8) and by four hundred weeks and shall be calculated at the temporary total disability rate specified in section 8-42-105. Up to ten thousand dollars of the total amount of any such award or scheduled award shall be automatically paid in a lump sum less the discount as calculated in section 8-43-406 upon the injured employee's written request to the employer or, if insured, to the employer's insurance carrier. The remaining periodic payments of any such award, after subtracting the total amount of the lump sum requested by the employee without subtracting the discount calculated in section 8-43-406, shall be paid at the temporary total disability rate but not less than one hundred fifty dollars per week and not more than fifty percent of the state average weekly wage, beginning on the date of maximum medical improvement.
(e) The age factor for use in calculating medical impairment benefits pursuant to this subsection (8) is as follows: AGE FACTOR 20 or younger 1.80 21 1.78 22 1.76 23 1.74 24 1.72 25 1.70 26 1.68 27 1.66 28 1.64 29 1.62 30 1.60 31 1.58 32 1.56 33 1.54 34 1.52 35 1.50 36 1.48 37 1.46 38 1.44 39 1.42 40 1.40 41 1.38 42 1.36 43 1.34 44 1.32 45 1.30 46 1.28 47 1.26 48 1.24 49 1.22 50 1.20 51 1.18 52 1.16 53 1.14 54 1.12 55 1.10 56 1.08 57 1.06 58 1.04 59 1.02 60 or older 1.00
(f) In all claims in which an authorized treating physician recommends medical benefits after maximum medical improvement, and there is no contrary medical opinion in the record, the employer shall, in a final admission of liability, admit liability for related reasonable and necessary medical benefits by an authorized treating physician, which benefits are not limited to any specific medical treatment.
Source: L. 90: Entire article R&RE, p. 491, � 1, effective July 1. L. 91: Entire section amended, p. 1306, � 15, effective July 1. L. 92: (8)(d) amended, p. 1827, � 1, effective April 29; (7)(b) amended and (8)(c.5) added, p. 1833, �� 1, 2, effective May 26. L. 93: (8)(c) amended, p. 365, � 1, effective April 12. L. 94: (2)(b), (2)(c), (2)(x), (2)(y), and (7)(b) amended and (2)(a.5) and (2)(w.5) added, p. 2002, � 4, effective July 1. L. 96: (8)(b.5) added and (8)(c) amended, p. 269, � 2, effective April 8; (8)(a) and (8)(b) amended, p. 456, � 1, effective July 1. L. 98: IP(8)(b)(II), (8)(b)(III), (8)(b.5)(I)(D), (8)(b.5)(II), and (8)(c) amended, p. 1429, � 2, effective August 5. L. 99: (6) and (7) amended, p. 298, � 1, effective July 1. L. 2003: (8)(b.5)(I)(D), (8)(b.5)(II), and (8)(c) amended, p. 1711, � 1, effective August 6. L. 2007: (8)(d) amended, p. 1472, � 2, effective May 30. L. 2009: (7)(b)(III) amended, (SB 09-243), ch. 269, p. 1223, � 3, effective July 1. L. 2010: (2)(ff) amended, (SB 10-187), ch. 310, p. 1459, � 6, effective July 1. L. 2011: (8)(f) added, (SB 11-199), ch. 196, p. 759, � 1, effective May 23. L. 2013: (8)(b)(II)(A), (8)(b)(III), and (8)(c) amended, (SB 13-285), ch. 301, p. 1595, � 6, effective July 1. L. 2021: (8)(b)(II)(B), (8)(b)(II)(C), and (8)(b)(II)(D) amended and (8)(b)(II)(E) added, (HB 21-1050), ch. 384, p. 2571, � 4, effective September 7. L. 2022: (1)(b), (8)(a), and (8)(c.5) amended and (7)(b)(IV) added, (HB 22-1347), ch. 477, p. 3473, � 2, effective August 10. L. 2023: (8)(f) amended, (HB 23-1076), ch. 370, p. 2224, � 4, effective August 7. L. 2024: (8)(c.5) amended, (HB 24-1220), ch. 389, p. 2692, � 2, effective August 7.
Editor's note: This section is similar to former �� 8-51-104 and 8-51-108 as they existed prior to 1990.
8-42-107.2. Selection of independent medical examiner - procedure - time - allocation of costs - disclosures regarding physician relationships with insurers, self-insured employers, or claimants - rules - applicability. (1) This section governs the selection of an independent medical examiner, also referred to in this section as an IME, to resolve disputes arising under section 8-42-107.
(2) (a) (I) Except as otherwise provided in subparagraph (II) of this paragraph (a), the time for selection of an IME commences as follows, depending on which party initiates the dispute:
(A) For the claimant, the time for selection of an IME commences with the date of mailing of a final admission of liability by the insurer or self-insured employer that includes an impairment rating issued in accordance with section 8-42-107.
(B) For the insurer or self-insured employer, the time for selection of an IME commences with the date on which the disputed finding or determination is mailed or physically delivered to the insurer or self-insured employer.
(II) If, as of the date on which the time for selection of an IME would otherwise commence, a medical condition is not yet ratable because of a provision in the medical treatment guidelines or in the revised third edition of the American Medical Association Guides to the Evaluation of Permanent Impairment, the time for selection of an IME shall commence on the date on which an impairment rating is mailed or physically delivered.
(b) If any party disputes a finding or determination of the authorized treating physician, such party shall request the selection of an IME. The requesting party shall notify all other parties in writing of the request, on a form prescribed by the division by rule, and shall propose one or more acceptable candidates for the purpose of entering into negotiations for the selection of an IME. Such notice and proposal is effective upon mailing via United States mail, first-class postage paid, addressed to the division and to the last-known address of each of the other parties. Unless such notice and proposal are given within thirty days after the date of mailing of the final admission of liability or the date of mailing or delivery of the disputed finding or determination, as applicable pursuant to paragraph (a) of this subsection (2), the authorized treating physician's findings and determinations shall be binding on all parties and on the division.
(c) If the insurer or self-insured employer requests an IME and the examination is conducted before the insurer or self-insured employer admits liability pursuant to section 8-43-203 (2)(b), the claimant may not request a second independent medical examination on that issue but may appeal the IME's decision, as set forth in section 8-43-203 (2)(b)(II).
(3) (a) Upon receiving the requesting party's notice and proposal pursuant to subsection (2) of this section, the other parties have until the end of the thirtieth day after the date of mailing of such notice and proposal within which to negotiate and select an IME. If the parties agree on an IME on or before such thirtieth day, the requesting party shall promptly notify the IME in writing that he or she has been selected. If, within such time, the parties are unable to agree or the requesting party receives no response to the notice and proposal, the insurer or self-insured employer shall give written notice of such fact to the division within thirty days via United States mail, first-class postage paid. The division shall then, within ten days after receiving such written notice, select three physicians by a revolving selection process established by the division from the list of physicians maintained by the division. The division shall administer the list in such fashion as to ensure that the names of candidates to serve as IME in each pending case remain confidential until the IME is selected. The director of the division shall promulgate rules to implement the process of selecting a panel of three physicians from which the parties may select a physician to conduct a division independent medical examination. The selection of a physician panel shall be based on various factors, including, but not limited to, the designation by rule of the fields of specialization authorized to perform independent medical examinations for conditions listed under each medical treatment guideline and measures to prevent the over-utilization of physicians or specialists. The requesting party shall have the opportunity to strike one of the three physicians from the list, followed by the opposing party who shall then be given the opportunity to strike one physician from the list. The remaining IME physician shall be designated by the division to conduct the IME. If one or neither party strikes a physician from the list, the division shall select the physician to conduct the IME from the remaining physicians on the list.
(b) Upon selection of the IME, the insurance carrier shall provide to the IME and all other parties a copy of all medical records in its possession relevant to the subject injury, postmarked or hand-delivered within fourteen days prior to the independent medical examination. If the insurance carrier or its representative fails to timely submit such medical records, the claimant may request that the division cancel the independent medical examination or the claimant may submit copies of all medical records relevant to the subject injury that the claimant has available within ten days prior to the independent medical examination, or as otherwise arranged by the division with the IME. If the claimant submits medical records, the defaulting party may supplement such records pursuant to rules of the division. This subsection (3)(b) shall not be construed to prohibit an independent medical examination from being rescheduled.
(c) Any supplemental medical records shall be prepared according to the rules of the division and shall be submitted to the IME and all other parties no later than seven days prior to the independent medical examination.
(d) (I) The IME shall neither contact any of the authorized treating physicians or any examining or reviewing physician nor request a claimant to undergo repeat testing when the testing results were valid and the IME has resolved any disparity in testing results.
(II) Subparagraph (I) of this paragraph (d), as enacted by Senate Bill 09-168, enacted in 2009, is declared to be procedural and was intended to and shall apply to all workers' compensation claims, regardless of the date the claim was filed.
(3.5) (a) Prior to making a determination to strike a physician from the list of IME physicians provided by the division in accordance with paragraph (a) of subsection (3) of this section, a party may request and shall be entitled to obtain and review a summary disclosure pertaining to any business, financial, employment, or advisory relationship between a listed physician, or any entity affiliated with the physician, and the insurer, self-insured employer, or claimant who is a party to the claim. The party shall not be required to make its determination to strike a physician from the list until he or she has received and has had a reasonable opportunity to review the summary disclosure.
(b) The director shall adopt rules as necessary to implement this subsection (3.5). At a minimum, the rules shall:
(I) Require physicians to disclose the requested business, financial, employment, or advisory relationship information in a summarized format;
(II) Detail the form and manner in which the summary disclosure is to be provided;
(III) Set parameters regarding the period within which a requesting party is allowed to review the summary disclosure prior to making a determination to strike a physician from the list; and
(IV) Prohibit a physician who fails to disclose the requested summarized information from conducting an independent medical examination until he or she complies with the request.
(4) (a) Upon receipt of the IME's report, the division has five business days to review the report and either:
(I) Issue a notice to all parties that the division has received the IME's report; or
(II) Notify the IME of any deficiencies in the report by letter and send copies to all parties.
(b) Upon notification of any deficiencies identified in the IME's report, the IME has twenty days to remedy the deficiencies and resubmit the report. After the report has been resubmitted, the division shall comply with paragraph (a) of this subsection (4). If the IME fails to timely respond to the notification of deficiencies, the division shall issue a notice that it has received the IME's report and the insurer or self-insured employer shall comply with paragraph (c) of this subsection (4).
(c) Within twenty days after the date of the mailing of the division's notice that it has received the IME's report, the insurer or self-insured employer shall either file its admission of liability pursuant to section 8-43-203 or request a hearing before the division contesting one or more of the IME's findings or determinations contained in such report.
(5) (a) (I) The director shall promulgate rules consistent with this subsection (5) to determine the amount and allocation of costs to be paid by the parties for the independent medical examination.
(II) Except as provided in subsections (5)(a)(III) and (5)(b) of this section, the requesting party shall pay the cost of an independent medical examination. The requesting party shall advance the full base cost of the independent medical examination to the IME at least ten days before the appointed time of the examination.
(III) If there is a dispute regarding indigency or the amount or allocation of any costs to be paid, including the format, content, volume, relevance, or duplicative medical records submitted to the IME, a party may request a prehearing conference with the division to resolve the dispute. The determination of the cost allocation in excess of the full base cost must include consideration of the volume of medical records, the format and content of the IME packet, and any other considerations necessary to determine the allocation of the IME costs between the parties.
(b) A claimant who has established that he or she is indigent shall receive an independent medical examination without having to advance the cost to the independent medical examiner. The director of the division of workers' compensation shall promulgate rules to establish a procedure to determine indigence.
(6) This section was enacted by House Bill 98-1062, as enacted at the second regular session of the sixty-first general assembly, as a remedial statute and is procedural in nature. The purpose of this section is to improve and simplify remedies already existing for the enforcement of rights and the redress of injuries under the workers' compensation laws of Colorado. This section effected procedures related to the selection of an IME and shall be applicable to all open cases with a date of injury on or after July 1, 1991, for which a division IME has not been requested, pursuant to section 8-42-107.
Source: L. 98: Entire section added, p. 1427, � 1, effective August 5. L. 99: (3) amended and (6) added, p. 254, � 1, effective September 1. L. 2003: (3) and (5) amended, p. 1712, � 2, effective August 6. L. 2007: (3)(a) amended, p. 1472, � 3, effective May 30. L. 2009: (3)(d) added, (SB 09-168), ch. 184, p. 806, � 1, effective August 5. L. 2010: (3)(d) amended, (SB 10-163), ch. 66, p. 231, � 1, effective March 31; (3.5) added, (SB 10-011), ch. 302, p. 1431, � 1, effective July 1. L. 2013: (4) amended, (SB 13-249), ch. 267, p. 1408, � 1, effective August 7. L. 2023: (3)(b) and (5)(a) amended, (HB 23-1076), ch. 370, p. 2224, � 5, effective August 7.
8-42-107.5. Limits on temporary disability payments and permanent partial disability payments. (1) A claimant whose impairment rating is nineteen percent or less may not receive more than one hundred eighty-five thousand dollars from combined temporary disability payments and permanent partial disability payments. A claimant whose impairment rating is greater than nineteen percent may not receive more than three hundred thousand dollars from combined temporary disability payments and permanent partial disability payments.
(2) For the purposes of this section, any mental impairment rating shall be combined with the physical impairment rating to establish a claimant's impairment rating for determining the applicable cap. For injuries sustained on and after January 1, 2025, the director shall adjust these limits on the amount of compensation for combined temporary disability payments and permanent partial disability payments on July 1, 2025, and each July 1 thereafter, by the percentage of the adjustment made by the director to the state average weekly wage pursuant to section 8-47-106.
Source: L. 91: Entire section added, p. 1311, � 16, effective July 1. L. 2005: Entire section amended, p. 1505, � 1, effective January 1, 2006. L. 2009: Entire section amended, (SB 09-243), ch. 269, p. 1223, � 4, effective July 1. L. 2010: Entire section amended, (SB 10-187), ch. 310, p. 1459, � 7, effective January 1, 2011. L. 2021: Entire section amended, (HB 21-1050), ch. 384, p. 2571, � 5, effective September 7. L. 2024: Entire section amended, (HB 24-1220), ch. 389, p. 2693, � 3, effective January 1, 2025.