C.R.S. Section 8-43-502
Independent medical examinations

(1)

The director shall maintain a list of physicians which shall be known as the medical review panel. The director shall utilize public and private resources as are available and appropriate in determining standards and qualifications for the medical review panel members. It shall be the duty of the medical review panel to perform independent medical examinations at the request of the director or an administrative law judge.

(2)

Any party to a workers’ compensation proceeding has the right to obtain an independent medical examination with the physician selected by the director from the medical review panel. The requesting party, when submitting a request for the independent medical evaluation, shall specify the professional specialty of the physician to be selected by the director to perform the independent medical examination. The director shall select, through a revolving selection process established by the department, the physician from the medical review panel to perform the examination. The cost of such independent medical examination shall be borne by the requesting party. In no instance shall the independent examining physician become the authorized treating physician.

(3)

Whenever the director or an administrative law judge deems it necessary to assist in resolving any issue of medical fact or opinion, the director or administrative law judge shall cause the employee to be examined by a physician or physicians from the medical review panel. The director or the administrative law judge shall have the authority and discretion to charge the cost of such examination to the employer or, if insured, the employer’s insurance carrier. Transportation expenses and all expenses necessary, reasonable, and incidental to such examination shall be included in the cost of such examination.

(4)

Nothing in this section shall preclude any party from obtaining an independent medical examination from a physician who is not a member of the medical review panel.

(5)

Upon written request of the employer, or if insured, the insurer, the employee shall submit to a reasonable number of independent medical examinations as provided for in this section. The employee shall be entitled to have a physician, provided and paid for by such employee, present at any such independent medical examination. The employee shall be entitled to receive from the independent examining physician a copy of any report which said physician makes to the employer, insurer, or the division. Said copy shall be furnished to the employee at the same time it is furnished to the employer, insurer, or division.

(6)

Members of the medical review panel and any person acting as a consultant, witness, or complainant shall be immune from liability in any civil action brought against said person for acts occurring while the person was acting as a panel member, consultant, witness, or complainant, respectively, if such person was acting in good faith within the scope of the respective capacity, made a reasonable effort to obtain the facts of the matter as to which action was taken, and acted in the reasonable belief that the action taken by such person was warranted by the facts.

(7)

Any physician determining an impairment rating on an injured worker pursuant to this title shall be immune from civil liability in any action brought by any person based on said impairment rating, absent the showing of malice or bad faith on the part of the rating physician.

Source: Section 8-43-502 — Independent medical examinations, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-08.­pdf (accessed Oct. 20, 2023).

8‑43‑101
Record of injuries - occupational disease - reported to division - rules - definition 8‑43‑102
Notice to employer of injury - notice to employees - failure to report 8‑43‑103
Notice of injury - time limit 8‑43‑104
Electronic filings - rules 8‑43‑201
Disputes arising under “Workers’ Compensation Act of Colorado” 8‑43‑202
Director may refer taking of evidence in cases to appropriate officials of other states 8‑43‑203
Notice concerning liability - notice to claimants - notice of rights and claims process - rules 8‑43‑204
Settlements - rules 8‑43‑205
Mediation 8‑43‑206
Settlement conference procedures 8‑43‑206.5
Right to binding arbitration for resolution of disputes under articles 40 to 47 8‑43‑207
Hearings 8‑43‑207.5
Prehearing conferences - rules - definition 8‑43‑208
Investigations 8‑43‑209
Time schedule for hearings - establishment 8‑43‑210
Evidence 8‑43‑211
Notice - request for hearing 8‑43‑212
Compulsion of testimony 8‑43‑213
Transcripts 8‑43‑214
Transcript certified - evidence 8‑43‑215
Orders 8‑43‑217
Claims management - legislative declaration 8‑43‑218
Authority of director 8‑43‑219
Not a limitation on rights or privileges 8‑43‑220
Injured worker exit survey 8‑43‑301
Petitions to review 8‑43‑302
Corrected orders 8‑43‑303
Reopening 8‑43‑304
Violations - penalty - offset for benefits obtained through fraud - rules 8‑43‑304.5
Penalties in rate-making 8‑43‑305
Each day separate offense 8‑43‑306
Collection of fines, penalties, and overpayments 8‑43‑307
Appeals to court of appeals 8‑43‑308
Causes for setting aside award 8‑43‑309
Actions in court tried within thirty days 8‑43‑310
Error disregarded unless prejudicial 8‑43‑311
Court record transmitted to industrial claim appeals office - when 8‑43‑312
Court may remand case or order entry of award 8‑43‑313
Summary review by supreme court 8‑43‑314
Fees - costs - duty of district attorneys and attorney general 8‑43‑315
Witnesses and testimony - mileage - fees - costs 8‑43‑316
Appearance by officer for closely held entity 8‑43‑317
Service of documents 8‑43‑318
Remand of case or order - time limit for further proceedings consistent with ruling on appeal 8‑43‑401
District attorney or attorney of division to act for director or office - penalties for failure of insurer to pay benefits 8‑43‑401.5
Financial incentives to deny or delay claim or medical care - prohibition - penalties 8‑43‑402
False statement - felony 8‑43‑403
Attorney fees 8‑43‑404
Examination - refusal - personal responsibility - physicians to testify and furnish results - injured worker right to select treating physicians - injured worker right to third-party communications - definitions - rules 8‑43‑405
Payment as discharge of liability - conflicting claims 8‑43‑406
Compensation in lump sum 8‑43‑407
Election to waive vocational rehabilitation benefits and become subject to permanent partial disability provisions 8‑43‑408
Default of employer - additional liability 8‑43‑409
Defaulting employers - penalties - enjoined from continuing business - fines - procedure - definition - repeal 8‑43‑410
Right to compensation operates as lien - interest on award 8‑43‑501
Utilization review process - legislative declaration - cash fund 8‑43‑502
Independent medical examinations 8‑43‑503
Utilization review of health-care providers 8‑43‑601
Short title 8‑43‑602
Legislative declaration 8‑43‑603
Definitions 8‑43‑604
Performance programs 8‑43‑605
Due process 8‑43‑606
Enforcement 8‑43‑607
Filing with director
Green check means up to date. Up to date

Current through Fall 2024

§ 8-43-502’s source at colorado​.gov