This bill shifts the burden of proof in certain medical disputes and gives injured workers greater control over selecting their primary treating physician in workers’ compensation cases.
Key Provisions & Their Impact1. Shifting the Burden of Proof in Medical Treatment Disputes
Current Law:
The injured worker must prove that the recommended medical treatment is reasonable, necessary, and related to their injury.
New Change:
The burden of proof shifts to the employer or workers’ compensation insurer if they challenge a treatment recommended by the treating physician.
Impact:
Eases the legal burden on injured workers, ensuring they get necessary treatment without excessive delays.
Requires insurers and employers to provide evidence if they want to deny medical care.
2. Expanding Injured Workers’ Rights to Select Their Treating Physician
Current Law:
The employer or insurer provides a list of designated physicians, and the injured worker must choose from that list.
New Change:
The injured worker can now select anyLevel I or Level II accredited physician from the Division of Workers' Compensation list.
If the worker is unable or unwilling to choose, the employer or insurer must select a physician.
Impact:
Gives injured workers more control over their medical treatment.
Reduces employer influence over doctor selection, preventing conflicts of interest.
Overall Effect of the Bill
Shifts legal responsibility to employers/insurers when challenging medical treatment. Empowers injured workers to choose their physician, improving healthcare access. Prevents unnecessary treatment delays by requiring employers/insurers to justify denials.
This bill strengthens worker protections in Colorado’s workers’ compensation system while ensuring that medical decisions are based on the treating physician’s expertise rather than employer influence.
Summary
In a dispute in a workers' compensation claim, current law requires
a claimant to prove, by a preponderance of the evidence, the claimant's entitlement to medical benefits. When the dispute concerns whether the medical treatment recommended by an authorized treating physician is reasonable, necessary, and related to the claimant's injury, the bill shifts the burden of proof from the claimant to the claimant's employer or the employer's workers' compensation insurer.
The bill provides injured workers control over the selection of
their primary treating physician in workers' compensation cases, allowing them to choose from any level I or level II accredited physician through the division of workers' compensation. The bill creates the mechanism by which an injured worker may select the treating physician and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician.
