(1) (a) The employer or, if insured, the employer's insurance carrier shall notify in writing the division and the injured employee or, if deceased, the decedent's dependents within twenty days after a report is, or should have been, filed with the division pursuant to section 8-43-101, whether liability is admitted or contested; except that, for the purpose of this section, any knowledge on the part of the employer, if insured, is not knowledge on the part of the insurance carrier. The employer or the employer's insurance carrier may notify the division electronically. Unless exempted by the director pursuant to rule because of a small number of filings or a showing of financial hardship, beginning July 1, 2006, all notices of contest shall be filed electronically. The rejection of an electronically filed notice by the division for a technical error shall not affect the validity of the notice to the claimant. If the insurance carrier or self-insured employer denies liability for the claim, the claimant may request an expedited hearing on the issue of compensability if the application therefor is filed within fortyfive days after the date of mailing of the notice of contest. The director shall set any such expedited matter for hearing within sixty days after the date of the application, when the issue is liability for the disease or injury. The time schedule for such an expedited hearing is subject to the extensions set forth in section 8-43-209. If a claimant elects not to request an expedited hearing pursuant to this subsection (1), the time schedule for hearing the matter shall be as set forth in section 8-43-209.
(b) The written notice given pursuant to this subsection (1) shall include a specific reference to the claimant's obligations under section 8-42-113.5.
(1.5) (Deleted by amendment, L. 92, p. 1825, § 4, effective April 29, 1992.)
(2) (a) If such notice is not filed as provided in subsection (1) of this section, the employer or, if insured, the employer's insurance carrier, as the case may be, may become liable to the claimant, if the claimant is successful on the claim for compensation, for up to one day's compensation for each day's failure to so notify; except that the employer or, if insured, the employer's insurance carrier shall not be liable for more than the aggregate amount of three hundred sixty-five days' compensation for failure to timely admit or deny liability. Fifty percent of any penalty paid pursuant to this subsection (2) shall be paid to the subsequent injury fund, created in section 8-46-101, and fifty percent to the claimant.
(b) (I) If the employer or, if insured, the employer's insurance carrier admits liability, such notice shall specify the amount of compensation to be paid, to whom compensation will be paid, the period for which compensation will be paid, and the disability for which compensation will be paid, and payment thereon shall be made immediately.
(II) (A) An admission of liability for final payment of compensation must include a statement that this is the final admission by the workers' compensation insurance carrier in the case, that the claimant may contest this admission if the claimant feels entitled to more compensation, to whom the claimant should provide written objection, and notice to the claimant that the case will be automatically closed as to the issues admitted in the final admission if the claimant does not, within thirty days after the date of the final admission, contest the final admission in writing and request a hearing on any disputed issues that are ripe for hearing, including the selection of an independent medical examiner pursuant to section 8-42-107.2 if an independent medical examination has not already been conducted. If an independent medical examination is requested pursuant to section 8-42-107.2, the claimant is not required to file a request for hearing on disputed issues that are ripe for hearing until the division's independent medical examination process is terminated for any reason. Any issue for which a hearing or an application for a hearing is pending at the time that the final admission of liability is filed shall proceed to the hearing without the need for the applicant to refile an application for hearing on the issue. This information must also be included in the admission of liability for final payment of compensation. The respondents have twenty days after the date of mailing of the notice from the division of the receipt of the IME's report to file an admission or to file an application for hearing. The claimant has thirty days after the date respondents file the admission or application for hearing to file an application for hearing, or a response to the respondents' application for hearing, as applicable, on any disputed issues that are ripe for hearing. The revised final admission, if any, must contain the statement required by this subparagraph (II), and the provisions relating to contesting the revised final admission apply. When the final admission is predicated upon medical reports, the reports must accompany the final admission.
(B) The amendments made to sub-subparagraph (A) of this subparagraph (II) by Senate Bill 09-168, enacted in 2009, are declared to be procedural and were intended to and shall apply to all workers' compensation claims, regardless of the date the claim was filed.
No penalty may be assessed under this subsection (2) for failure to timely admit ordeny liability if a request for such penalty is filed more than seven years after the alleged violation. The division shall retain original claim records filed with the division for at least seven years after closure of the case. Seven years after a case is closed, the records may only be used for reopening a settlement on the grounds of fraud or mutual mistake of material fact.
Once a case is closed pursuant to this subsection (2), the issues closed may only bereopened pursuant to section 8-43-303. Upon proper showing in writing made within said times fixed therefor, the director may extend the time for filing such admission of liability or notice of contest, but not exceeding ten days at any one time. Hearings may be set to determine any matter, but, if any liability is admitted, payments shall continue according to admitted liability.
(3) In addition to any other notice required by this section, at the time that the employer or, if insured, the employer's insurance carrier provides the notice required by subsection (1) of this section, the employer or insurance carrier shall provide to the claimant a brochure written in easily understood language, in a form developed by the director after consultation with employers, insurance carriers, and representatives of injured workers, describing the claims process and informing the claimant of his or her rights. If the claimant has previously authorized the employer or, if insured, the employer's insurance carrier to communicate with the claimant through electronic transmission, the brochure may be sent to the claimant electronically. The brochure shall, at a minimum, contain the following information:
(a) Who the claimant may contact with questions concerning the claim, the claims process, and assistance with the claim, including:
The insurance carrier or employer;
The division and the website for the division;
The office of administrative courts and the website for the office; and
An attorney hired at the expense of the claimant;
(b) The claimant's right to receive medical care for work-related injuries or occupational diseases paid for by the employer or the employer's insurance carrier including:
That most claimants have a right to choose from a list of at least two different doctors;
That most claimants have a right to change doctors one time within ninety days afterthe injury and all claimants have the right to request a change of doctor at other times under certain other circumstances;
The claimant's doctor's right to refer the claimant to other medical providers andspecialists to provide the reasonable and necessary medical care that the claimant's work-related injuries or illness require;
The claimant's right to discuss with his or her doctor who should be present duringa claimant's medical appointment, and the right to refuse to have a nurse case manager employed on the claimant's claim present at the claimant's medical appointment;
The claimant's right to see and have copies of all of the claimant's medical recordsrelated to the medical care the claimant received for his or her work-related injury or illness;
The claimant's right to seek medical care and medical opinions about the claimant'swork-related injury at the claimant's own expense;
The claimant's right to a medical examination by a doctor chosen by the claimantor by the division at the claimant's expense;
The claimant's right to a permanent impairment evaluation after the claimant'streating doctors determine that the claimant has reached maximum medical improvement; and
The claimant's right to be informed whether medical care after maximum medicalimprovement will be provided and to receive reasonable continued medical care if it is necessary to maintain maximum medical improvement;
(c) A description of the claimant's right to receive benefit payments, including the claimant's right to receive:
Wage replacement payments in the form of temporary total disability payments ortemporary partial disability payments;
Permanent impairment benefits if the claimant is left with a permanent impairmentas a result of a work-related injury or disease;
Disfigurement payments for permanent scarring or disfigurement caused by the claimant's work-related injury or surgery required because of the claimant's work-related injury; and
Mileage expenses for travel to and from work-related medical care and to and frompharmacies to obtain medical prescriptions for work-related medical care; (d) A description of how the claims process works, including:
The claimant's right to file a claim for workers' compensation with the division withintwo years after the date of the claimant's injury or occupational disease;
The claimant's right to receive a general admission of liability or notice of contestonce the claim has been properly reported to the division;
The claimant's right to verify that the claimant's average weekly wage payments fortemporary total disability have been properly calculated by the claimant's employer or the employer's insurance carrier;
The claimant's right to prehearings and hearings on disputed issues;
The claimant's right to present evidence, testify, introduce medical and other records, present witnesses, and make arguments at any hearing;
The claimant's right to object to and request a hearing on any final admission ofliability within thirty days after the mailing of the admission in order to retain certain rights;
The claimant's right to challenge a finding of an impairment rating or maximummedical improvement in a final admission of liability within thirty days after the mailing of the admission in order to retain certain rights;
The claimant's right to pursue penalties for violations of the law including latepayment of benefits or improper refusal to pay benefits;
The claimant's right, subject to certain requirements, to reopen a claim within sixyears after the date of the injury or illness or within two years after the date of the last receipt of medical or wage benefits; and
A description of other rights conferred upon a claimant pursuant to law or rule.
(4) Within fifteen days after the mailing of a written request for a copy of the claim file, the employer or, if insured, the employer's insurance carrier or third-party administrator shall provide to the claimant or his or her representative a complete copy of the claim file that includes all medical records, pleadings, correspondence, investigation files, investigation reports, witness statements, information addressing designation of the authorized treating physician, and wage and fringe benefit information for the twelve months leading up to the date of injury and thereafter, regardless of the format. If a privilege or other protection is claimed for any materials, the materials must be detailed in an accompanying privilege log.
Source: L. 90: Entire article R&RE, p. 501, § 1, effective July 1. L. 91: (1.5) added, p. 1316, § 24, effective July 1. L. 92: (1) and (1.5) amended, p. 1825, § 4, effective April 29. L. 96: (2) amended, p. 830, § 1, effective July 1. L. 97: (1) amended, p. 113, § 3, effective July 1. L. 98: (2)(b) amended, p. 1431, § 3, effective August 5. L. 2001: (2)(b)(II) amended, p. 49, § 1, effective March 11. L. 2003: (2)(b)(II) amended, p. 1956, § 1, effective May 22; (1)(a) amended, p. 837, § 2, effective August 6. L. 2005: (1)(a) amended, p. 200, § 4, effective July 1. L. 2009:
(2)(b)(II) amended, (SB 09-168), ch. 184, p. 807, § 4, effective August 5. L. 2010: (2)(b)(II) amended, (SB 10-163), ch. 66, p. 232, § 4, effective March 31; (3) added, (HB 10-1038), ch. 275, p. 1258, § 1, effective May 26. L. 2013: (4) added, (SB 13-285), ch. 301, p. 1594, § 4, effective July 1; (2)(b)(II)(A) amended, (SB 13-249), ch. 267, p.1409, § 2, effective August 7. L. 2016: (1)(a) amended, (SB 16-217), ch. 272, p. 1128, § 3, effective July 1.
Editor's note: This section is similar to former § 8-53-102 as it existed prior to 1990.
Cross references: For the legislative declaration in SB 16-217, see section 1 of chapter 272, Session Laws of Colorado 2016.