SB 186 — Update Workers' Compensation Statutes Allow Electronic Filing

(II) 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.Thedivisionshalladministerthelistinsuchfashionastoensuredivision. A FASHION THAT ENSURES that the names of candidates to serve as IME in each pending case remain confidential until the IME is selected.

The directordivision ofshall administer the divisionlllist promulgateADOPTin rulessuch fashion as to implementensure theA processFASHION ofTHAT selectingENSURES athat panelthe names of threecandidates physiciansto fromserve whichas theIME partiesin mayeach selectpending acase physicianremain toconfidential conductuntil athe divisionIME independentis medicalselected. examination.

The selectiondirector of athe physiciandivision panel shall bepromulgate basedADOPT onrules variousto factors,implement including, but not limited to, the designationprocess by rule of theselecting fieldsa panel of specializationthreephysicians authorizedfromwhich tothe performparties independentmay medicalselect examinationsforconditionslistedundereachmedicaltreatmentguidelinea andphysician measures to preventconduct thea over-utilizationdivision ofindependent physiciansmedical orexamination. specialists.

(III) The requestingselection partyof a physician panel shall haveGIVENtheMUST opportunitybe tobased -5-on 186various strikefactors, oneincluding, ofbut not limited to, the threedesignation physiciansby fromrule of the list,fields followedof bythespecializationauthorizedtoperformindependentmedicalexaminationsfor opposingconditions partywhoshallthenbegiventheopportunitytostrikeonephysicianfromlisted thelist.under each medical treatment guideline and measures to prevent the over-utilization of physicians or specialists.

TheremainingIMEphysicianshallbedesignatedbythedivision(III) The requesting party shall have BE GIVEN the opportunity to conductstrike one of the IME.three physicians from the list, followed by the opposing party who shall then be given the opportunity to strike one physician from the list.

IfThe oneremaining orIME neitherphysician partyshall strikesbe adesignated physicianby from the list, the division shall select the physician to conduct the IMEIME. from the remaining physicians on the list.

(b)If Uponselectionofone theIME,theinsurancecarriershallprovideor toneither thepartystrikes IME and all other parties a copyphysician offrom all medical records in its possession relevant to the subjectlist, injury postmarked or hand-delivered withinfourteendayspriortotheindependentmedicalexamination.Ifthe insurance carrier or its representative fails to timely submit such medical records, the claimant may request that the division cancelshall theselect independent medical examination or the claimantphysician may submit copies of all medical records relevant to theconduct subject injury that the claimantIME hasfrom available within ten days prior to the independentremaining medicalphysicians examination,on or as otherwise arranged by the divisionlist. with the IME.

If(b) Upon selection of the claimantIME, submitsthe medicalinsurance records,carrier shall provide to the defaultingIME partyand mayall supplementother suchparties a copy of all medical records pursuantin its possession relevant to rulesthe ofsubject injury postmarked or hand-delivered PAGE 4-SENATE BILL 26-186 within fourteen days prior to the division.independent medical examination.

ThisIf subsectionthe (3)(b)insurance shallcarrier notor beconstruedtoprohibitanindependentmedicalexaminationfrombeingits rescheduled.representative fails to timely submit such THE medical records, the claimant may request that the division cancel the independent medical examination or the claimant maysubmit copies of all medicalrecordsrelevanttothesubjectinjurythattheclaimanthasavailable within ten days prior to the independent medical examination, or as otherwise arranged by the division with the IME.

(4)If (c)the Withinclaimant twentysubmits daysmedical afterrecords, the datedefaulting ofparty themay mailingsupplement ofthedivision'snoticethatithasreceivedtheIME'sreport,theinsurerorsuch self-insuredTHE employerrecords shall either file its admission of liability pursuant to sectionrules 8-43-203 or request a hearing before the division contesting one or more of the IME'sdivision. findings or determinations contained in such THE report.

SECTION5.This subsection (3)(b) shall not be construed to prohibit an independent medical examination from being rescheduled.

InColoradoRevisedStatutes,8-43-103,amend(1)(4) -6-(c) 186Within astwenty follows:days after the date of the mailingERVICE 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'sfindingsordeterminationscontainedinsuch THE report.

SECTION 5.

In Colorado Revised Statutes, 8-43-103, amend (1) as follows:

(1) Notice of an injury, for which compensation and benefits are payable, shall be given by the employer to the division and insurance carrier, unlessunlesstheemployeris the employer is self-insured, within ten days after the injury, and, in case of the death of anyemployee resulting from anysuch injuryinjuryor or any accident in which three or more employees are injured, the employer shall give immediate notice thereofHORINJURYthereofOF DEATH OR INJURY to the director.

If no suchicesuch iNOTgivennotice isNOT given by the employer, as required by articles 40 to 4747ofthistitle,such ofTITLE8,noticemaybegivenbyanyperson.Anynotice thisrequired title,to be filed by an injured employee or, if deceased, by said THE employee's dependents maybe made and filed byanyone on behalf of such noticeTHE mayclaimant and shall be givenconsidered as done by anysuch person.THE claimant if not specificallydisclaimed or objected to bysuch THE claimant inwritingfiled with the division within a reasonable time.

AnySuchTHE notice requiredshallMUST to be filedin bywriting anand injuredupon employeeforms or,prescribed if deceased, by saTHEthe employee'sdivision dependentsfor maythat bepurpose made and filedserved byupon anyone on behalf of suchE claimant and shall be considered as done bysuch THEclaimantifnotspecificallydisclaimedorobjectedtobysuch THE claimant in writing filed with the divisiondivision. within a reasonable time.

Suchbydelivering THEto, noticeor shaMUSTbymailing bebyregistered inmail writingtwo andcopies uponthereof formsaddressed prescribedto, by the division forat thatits purposeoffice andin servedDenver, uponColorado. the division.

byUpon delivering to, or by mailing by registered mail two copies thereof addressed to, the division at its office in Denver, ColoUpon receipt of sucTHEsuch THE notice from a claimant, the division PAGE 5-SENATE BILL 26-186 shall immediately mail one SERVE A copy thereof to said TO THE employer or saiTHEsaid THE employer's agent or insurance carrier.

SECTION6.SECTION 6.

InColoradoRevisedStatutes,8-43-104,amend(1)In Colorado Revised Statutes, 8-43-104, amend (1) as follows:

(1) The rejection for technical errors by the division of any document,form,ornoticethatisfiledelectronicallyshallnotaffectdocument, -7-form, 186or notice that is filed electronically shallDOES not affect the validityofvalidity of the notice to the claimant or anyotheEXCEPTany other party;EXCEPT THAT SUCHREJECTIONMAYRESULTINAFINDINGTHATTHEREWASNOTPROPERSUCH REJECTION MAY RESULT IN A FINDING THAT THERE WAS NOT PROPER SERVICE TO THE DIVISION,OTHERDIVISION PARTIES,OR,OTHER PARTIES ,OR BOTH .

In Colorado Revised Statutes, 8-43-203, amend (1)(a),(1)(a),(2)(a),(2)(b)(II)(A),(3)introductoryportion,(3)(d)(VI),(3)(d)(VII), (2)(a), (2)(b)(II)(A), (3) introductory portion, (3)(d)(VI), (3)(d)(VII), and (4) as follows:

(1) (a) The employer or, if insured,insured,the the employer's insurance carrier shallshallnotifyinwritingthedivisionandtheinjuredemployeeor,ifdeceased, notifyinthe writingdecedent's dependents within twenty days after a report is, or should have been, filed with the division andpursuant theto injuredsection employee8-43-101, or,whether ifliabilityisadmittedorcontested;exceptthat,forthepurposeofthissection, deceased,anyknowledge on the decedent'spart dependentsof withinthe twentydaysemployer, afterif ainsured, reportis is,not orshouldhavebeen,filedwiththedivisionpursuanttosection8-43-101,knowledge whetheron liabilityisthe admittedpart orof contested;the insurance carrier.

exceptThe that,employer foror the purposeemployer's ofinsurance thiscarrier section,may anyknowledgenotify on the partdivision ofelectronically. the employer, if insured, is not knowledge on the part of the insurance carrier.

TheUnless employer or the employer'sinsurancecarriermaynotifythedivisionelectronically.Unless exempted by the director pursuant to rule because of a small number of filings or a showing of financial hardship, beginning JulyJuly1, 1, 2006, noticesallnoticesof of contest shall be filed electronically.

The rejection of an electronicallyfiledelectronically filed notice bytheby the division for a technical error shallshallOES not affect the validityvalidityof of the notice to the claimant,LLclaimant, BUT WILL NOT BE CONSIDEREDPROPERSERVICETOTHEDIVISIONCONSIDERED .IftheinsurancecarrierorPROPER self-insuredSERVICE employerTO deniesTHE liabilityDIVISION for. the claim, the claimant may request an expedited hearing on the issue of compensability if the applicationthereforORANEXPEDITEDHEARING isfiledwithinforty-five days after the date of mailingERVICE of the notice of contest.

TheIf directorthe shallinsurance setcarrier anysucheditedor matterself-insured foremployer hearingdenies withinliability sixtydaysfortheclaim,theclaimantmayrequestanexpeditedhearingontheissueof -8-compensability 186if after the dateapplication oftherefor theFOR application,AN whenEXPEDITED HEARING is filed within forty-five days after the issuedate isof liabilityformailingSERVICE of the diseasenotice orof injury.contest.

The timedirector scheduleshall forset suchxpeditedany such expedited matter for hearing iswithinsixtydaysafterthedateof subjecttheapplication,whentheissue toisliability thePAGE extensions6-SENATE setBILL forth26-186 infor sectionthe 8-43-209.disease or injury.

IfThe atime claimantschedule electsfor notsuch to request an expedited hearing pursuantissubjecttotheextensionssetforthinsection8-43-209.Ifaclaimantelects nottorequestanexpeditedhearingpursuant to this subsection (1),(1),thetime schedule for hearing the timematter scheduleforhearingthemattershallbeISassetforthinsection8-43-209.shall beSas set forth in section 8-43-209.

(2)(2)(a) (a)Ifsuch Ifnoticeisnotfiledasprovidedinsubsection(1)ofthis suchticesection,the isemployer notor, filedif asinsured, provided in subsection (1) of this section, the employeremployer's or,insurance if insured,theemployer'sinsurance carrier, asasthe the case may be, may become liable to the claimant, if the claimant is successfulsuccessfulontheclaimforcompensation,foruptooneday'scompensation on the claim for compensation,each for up to one day's compensationforeachday'sfailuretosonotify;exceptthattheemployer or,ifinsured,theemployer'sinsurancecarriershallnotbeliableformore thantheaggregateamountofthreehundredsixty-fivedays'compensation for failure to timelyso admitnotify; or deny liability.

Fiftyexcept percentthat ofthe anyemployer penaltyor, paidif pursuantinsured, tothe thisemployer's subsectioninsurance (2)carrier shall not be paidliable tofor themore subsequentthan injurythe COLORADOaggregateamountofthreehundredsixty-fivedays'compensationforfailure UNINSURED EMPLOYER fund, created in section 8-46-101 SECTION8-67-105, and fifty percent to thetimelyadmit claimant.or denyliability.

(b)Fiftypercent (II) (A) An admission of liabilityanypenaltypaid forpursuant finalto payment of compensationmust include a statement that this issubsection the(2) finalshall admissionbybe theworkers'compensationinsurancecarrierinthecase,thattheclaimantpaid mayto contest this admission if the claimantsubsequent feelsinjuryC entitledOLORADO toUNINSUREDEMPLOYER morefund,createdinsection8-46-101 compensation,SECTION to8-67-105, whom the claimant should provide written objection, and noticefifty topercent the claimant that the case will be automaticallyclosed as to the issuesclaimant. admitted in the finaladmissionif the claimant does not, within thirty days after the date of the final admission, contest the final admissioninwritingandrequestahearingonanydisputedissuesthatare ripe for hearing, including the selection of an independent medical examiner pursuant to section 8-42-107.2 if an independent medical -9- 186 examination has not already been conducted.

If(b) an(II) independent(A) medicalAn examinationadmission of liability for final payment of compensation must include a statement that this is requestedthe pursuantfinal admission by the workers' compensation insurance carrier in the case, that the claimant may contest this admission if the claimant feels entitled to sectionmore 8-42-107.2,compensation,towhomtheclaimantshouldprovidewrittenobjection,and notice to the claimant isthat notthe requiredcase will be automatically closed as to filethe aissuesadmittedinthefinaladmissionif theclaimantdoes not,withinthirty days after the date of the final admission, contest the final admission in writing and request fora hearing on any disputed issues that are ripe for hearinghearing, untilincluding the division'sselection independentmedicalexaminationof processan isindependent terminatedmedical forexaminer anypursuant reason.to section 8-42-107.2 if an independent medical examination has not already been conducted.

AnyIf issuean forindependent whichmedical aexamination hearingis orrequestedpursuanttosection8-42-107.2,theclaimantisnotrequiredtofile ana applicationforahearingispendingatthetimethatthefinaladmissionofrequest liabilityfor ishearing filedon shalldisputed proceedissues tothat theare ripe for hearing withoutuntil the needdivision's forindependent themedical applicantexamination toprocess refileis anterminated application for hearingany onreason. the issue.

Any issue for which a hearing or an application for a hearing is pendingatthetimethatthefinaladmissionofliabilityisfiledshallproceed to the hearing without the need for the applicant to refile an application for hearing on the issue.

The respondents have twenty days after the date of mailingERVICEmailingSERVICE 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.

TheclaimanthasThe thirtydaysclaimant has thirty days after the date PAGE 7-SENATE BILL 26-186 respondents file the admission or application for hearing to file an application for hearing, or a response totherespondents'applicationforhearing,asapplicable,onanydisputedto the respondents' application for hearing, as applicable, on anydisputed issues that are ripe for hearing.

The revised final admission, if any, must contain the statement required by this subparagraph (II)SECTION(II) SUBSECTION (2)(b)(II), and the provisions relating to contesting the revised final admission apply.

(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 bybysubsection subsection (1) of this section, the employer ororinsurancecarriershallprovidetotheclaimantabrochurewrittenineasily insuranceunderstoodlanguage,inaformdevelopedbythedirectorafterconsultation carrierwith shallemployers, provideinsurance tocarriers, theand claimantrepresentatives a brochure writtenineasilyunderstoodlanguage,inaformdevelopedbythedirector afterconsultationwithemployers,insurancecarriers,andrepresentatives of injuredinjuredworkers, workers, describing the claims process and informing the -10-claimant 186of claimantoftheclaimant'srights.Iftheclaimanthaspreviouslyauthorized the employerclaimant's or,rights.Iftheclaimanthaspreviouslyauthorizedtheemployeror,ifinsured, iftheemployer's insured, the employer's insurance carrier totocommunicatewiththeclaimantthrough communicate with the claimant through electronic transmission, the brochure may be sent to the claimant electronically.

(VI) Theclaimant'srighttoobjecttoandrequestahearingonanyThe finaladmissionofliabilitywithinthirtydaysafterthemailingRVICEclaimant's right to object to and request a hearing on any final admission of liability within thirty days after the mailingRVICE of the admission in order to retain certain rights;

(VII) Theclaimant'srighttochallengeafindingofanimpairmentThe ratingormaximummedicalimprovementinafinaladmissionofclaimant's right to challenge a finding of an impairment rating or maximum medical improvement in a final admission of liability within thirty days after the mailingCEmailing SERVICE of the admission in order to retain certain rights;

(4) Within fifteen days after the mailingVICEmailing SERVICE of a written SUBMISSION OR request for a copy of the claim file, the employer or, if insured,theemployer'sinsurancecarrierorthird-partyadministratorshallinsured, the employer's insurance carrier or third-party administrator shall provide to the claimant or his or her THE CLAIMANT 'Srepresentative'S representative a completecompletecopyoftheclaimfilethatincludesallmedicalrecords,pleadings, copycorrespondence, investigation files, investigation reports, witness statements, information addressing designation of the claimauthorized filetreating thatPAGE includes8-SENATE allBILL medical26-186 records,physician, pleadings,and correspondence,wage investigationand files,fringe investigationbenefit reports,information witnessstatements,informationaddressingdesignationoftheauthorizedfor treatingphysician,andwageandfringebenefitinformationforthetwelvethe twelve months leading up to the date of injury and thereafter, regardless of the format.

If a privilege or other protection is claimed for anymaterials,any materials, the materials must be detailed in an accompanying privilege log.

SECTIONSECTION8. 8.

InInColoradoRevisedStatutes,8-43-204,amend(8)(a) Colorado Revised Statutes, 8-43-204, amend (8)(a) and (8)(c) as follows:

-11- 186 (8) The director shall adopt rules as necessary to implement the procedureproceduretoreviewandapprovesettlementdocuments.Ataminimum,the torules reviewmust: and approve settlement documents.

At(a) aAllowarepresentedclaimanttosubmitsettlementdocumentsfor minimum,approval theby ruleselectronic must:mail ELECTRONICALLY ;

(a)(c) AllowRequire arepresentedclaimantthe division to submitelectronically settlementmail documentstoERVE forcounsel approvalof byrecord, electronicor mailCTRONICALLYto ;the insurance carrier or self-insured employer if not represented, WITH a copy of the division's order approving the settlement agreement of the parties.

(c)SECTION RequirethedivisiontoelectronicallymailtoERVE9. counselof record, or tothe insurance carrier or self-insured employer if not representedWITH a copyof thedivision'sorderapprovingthesettlement agreement of the parties.

SECTION9.In Colorado Revised Statutes, 8-43-207, amend (1) introductory portion, (1)(e), (1)(f), and (1)(i) as follows:

InColoradoRevisedStatutes,8-43-207,amend(1) introductory portion, (1)(e), (1)(f), and (1)(i) as follows:

(1) HearingsHearingsshall shall be held to determine anyanycontroversyconcerning controversy concerning any issue arising under articles 40 to 47 of this titletitleE In8. connection with hearings, the director and administrative law judges are empowered to:

(e)In Uponwrittenmotionandforgoodcauseshown,permitpartiesconnection towithhearings,thedirectorandadministrativelawjudgesareempoweredto: engageindiscovery;exceptthatpermissionneednotbesought if each party is represented by an attorney.

The(e) directorUpon orwritten administrativemotion law judge may rule on discovery matters and imposefor thegood sanctionscause providedshown, inpermit theparties rulesto ofengage civil procedure in thediscovery; district courts for willful failure to comply with permitted discovery.

except that permission need not be sought if each partyisrepresentedbyanattorney.Thedirectororadministrativelawjudge may rule on discovery matters and impose the sanctions provided in the rules of civil procedure in the district courts for willful failure to comply with permitted discovery.

(i)PAGE Upon9-SENATE writtenBILL motion26-186 and(i) forUponwrittenmotionandforgoodcauseshown,grantreasonable good cause shown, grant reasonable extensions of time for the taking of any action contained in this articleTICLEarticle ARTICLE 43;

-12-SECTION10. 186 SECTION 10.

InInColoradoRevisedStatutes, Colorado8-43-211,amend(1) Revised Statutes, 8-43-211, amend (1) introductory portion as follows:

(1) At least thirty days before any hearing, the office of administrative courts in the department of personnel shall send written noticenoticetoallpartiesbyregularorelectronicmail.orbyfacsimile. to all parties by regular or electronic mail.

orThenotice bymust: facsimile.

notice must:

InInColoradoRevisedStatutes,8-43-215,amend(1) Colorado Revised Statutes, 8-43-215, amend (1) as follows:

The written order must either be a summaryorderorafullorder.Afullordermustcontainspecificfindingssummary oforder factor anda conclusionsfull oforder. law.

IfA compensationfull benefits are granted, the written order must specifycontain thespecific amountsfindings thereofTHEof COMPENSATIONfact BENEFITSand ,conclusions the disabilityfor which compensation benefits are granted, by whomandtowhomsuchbenefitsaretobepaid,andthemethodandtime of thelaw. payments.

AIf certificatecompensation ofbenefits mailingRVICEare andgranted, athe copywritten oforder must specify the writtenamounts orderthereof shallOF beTHE servedCOMPENSATION byregularorelectronicmailorBENEFITS byfacsimile, tothe UPONdisability eachofthepartiesininterestortheirrepresentatives,theoriginalfor ofwhichisapartoftherecordsinthecase.Ifanadministrativelawjudgewhich hasissuedacompensation summaryorder,benefits apartydissatisfiedwiththeordermaymakeare agranted, writtenby requestwhom forand ato fullwhom ordersuch withinbenefits tenare workingto daysbe afterthedateofpaid, mailingand SERVICEthe method and time of the summarypayments. order.

TheA requestcertificate of mailingSERVICE and a copyof the written order shall be served by regular or electronic mail or by facsimile toON each of the parties in interest or their representatives, the original of which is a prerequisitepart toof reviewthe underrecords sectionin 8-43-301.the case.

If an administrative law judge has issued a summary order, a party dissatisfied with the order may make a written request for a full order iswithin made,ten working days after the administrativelawjudgehastenworkingdaysafterreceiptoftherequestdate -13-of 186mailing SERVICE ofthesummaryorder.Therequestisaprerequisitetoreviewunder section8-43-301.Ifarequestforafullorderismade,theadministrativelaw judge has ten working days after receipt of the request to issue the order.

A fullfullordershallbeenteredasthefinalawardoftheadministrativelawjudge order shall be entered as the final award of the administrative law judge or director subject to review as provided in this articleRTICLEarticleICLE 43.

In Colorado Revised Statutes, 8-43-301, amend PAGE 10-SENATE BILL 26-186 (2)(a)(I), (2)(b), (6), and (10) as follows:

(2) (a) (I) If a party is dissatisfied with an order that determines compensabilityofcompensabilityofaclaimorliabilityof aanyparty,thatrequiresanypartyto claimor liabilityof anyparty, that requires anyparty to pay a penalty or benefits, or that denies a claimant any benefit or penalty, the partymayfile a petition to review the order.

If the order was entered bybyan an administrative law judge, the partypartymust mustfile filethepetitionattheDenverofficeofthe theofficeofpetition administrativecourtsattheDenverofficeoftheofficeof inadministrativecourtsinthedepartment the department of personnel.

The party must serve the petition to review by regular or electronic mailallmail on all the parties.

(b) AAdissatisfiedpartymayfile dissatisfied partymayfile the petitionpetitiontoreview,byregularor to review, byregular or electronic mail,ndmail, and the petition is deemed filed upon the date of mailingSERVICEmailing SERVICE , as determined by the certificate of maiSERVICE,mailing SERVICE , if thecertificateofmailinSERVICEthe indicatesthatthepetitiontoreviewwascertificate of mailing SERVICE indicates that the petition to review was mailed toSERVEDto SERVED ON the division or to the Denver office of the office of administrative courtsinthedepartmentofcourts in the department of personnel, as appropriate.

The petition to review must be in writing and must set forth in detail the particularerrorsandobjectionsofthepetitioner.Apetitionermust,attheparticular timeoffilingthepetition,orderanytranscriptrelieduponforthepetitionerrors to review, arrange with the hearing reporter to payfor the transcript, and notifyobjections opposing parties of the transcriptpetitioner. ordered.

OpposingA partiespetitioner mustmust, at the time of filing the petition, order any other transcript notrelied orderedupon byfor the petitionerpetition andto review, arrange with -14-the 186hearing thehearingreportertopayfortheothertranscriptwithintwentydaysafterreporter theto dateofpay thecertificateoffor mailingRVICEthe oftranscript, theand petitionnotify toopposing reviewparties of the order.transcript ordered.

(6)Opposing Aparties partymust dissatisfiedorderanyothertranscriptnotorderedbythepetitionerandarrangewiththe withhearing areporter supplementalto orderpay mayfor filethe aother petitiontranscript forwithin reviewtwentydays byafter the panel.dateofthecertificateofmailing SERVICE ofthepetitiontoreviewtheorder.

The(6) petitionApartydissatisfiedwithasupplementalordermayfileapetition shallfor bereview filed with the division if the supplemental order was issued by the directorpanel. or at the Denver office of the office of administrative courts in the department of personnel if the supplemental order was issued by an administrative law judge.

The petition shall be filed with the division if the supplementalorderwasissuedbythedirectororattheDenverofficeof the office of administrative courts in the department of personnel if the supplementalorderwasissuedbyanadministrativelawjudge.Thepetition shall be filed within twenty days after the date of the certificate of mailingRVICEmailing SERVICE of the supplemental order.

The petition shallMUSTshall MUST be in writing, shallshallset set forth in detail the particular errors and objections relied upon, and shabeshall be accompanied by a brief in support thereofOFthereof OF THE PETITION.PETITION .

The petition and brief shall be maiSERVEDmailed SERVED by petitioner to all other parties at the time the petition is filed.

All parties, except the petitioner, shall be PAGE 11-SENATE BILL 26-186 deemed opposing parties and shall havetwentydaysafterthedateofthecertificateofmailinghave SERVICEtwenty ofthedays after the date of the certificate of mailingSERVICE of the petition and brief to file with the division or the Denver office of the office of administrative courts, as appropriate, briefs in opposition to the petition.

(10) The panel's order must be mailed toRVEDto SERVED ON all parties of record.

AnypartydissatisfiedAny party dissatisfied with the panel's order has twenty-one days after the date of the certificate of mailingCEmailingERVICE of suchTHEsuch THE order to commence an action for judicial review in the court of appeals.

InInColoradoRevisedStatutes,8-43-302,amend(2) Colorado Revised Statutes, 8-43-302, amend (2) as follows:

(2) Anyordercorrectedforclericalerror,mistake,orinadvertenceAny -15-order 186corrected for clerical error, mistake, or inadvertence shall be labeled "corrected order" and maiSERVEDmailedERVED bybythe the division.

Any corrected order may be appealed in the manner provided in this articleRTICLEarticle ARTICLE 43 for any other order.

SECTION14.SECTION 14.

InColoradoRevisedStatutes,amend8-43-317asIn Colorado Revised Statutes, amend 8-43-317 as follows:

AllAlldocumentsthatarerequiredtobeexchangedunderarticles40to documents that are required tobeexchangedunder articles 40 to 47 of this titleTLE8titleTLE 8 shall be transmitted or served in the same mannerorbythesamemeanstoallrequiredrecipientsmanner ONTHESAMEDAYor by the same means to all required recipientsON THE SAME DAY .

Examination - refusal - personal responsibility - physiciansphysicianstotestifyandfurnishresults-injuredworkerrighttoselect to testify and furnish results - injured worker right to select treating physician - injured worker right to third-party communications - rules.

PAGE 12-SENATE BILL 26-186 (C) The notice is directed to the insurance carrier or to the employer's authorized representative, if self-insured, and to the initially authorized treating physician and is deposited in the United States mail or hand-delivered PROVIDED to the employer, who shall notify the insurance carrier, if necessary, and the initially authorized treating physician;

SECTIONSECTION16. 16.

InInColoradoRevisedStatutes,8-43-409,amend(1) Colorado Revised Statutes, 8-43-409, amend (1) introductory portion as follows:

Defaulting employers - investigation - penalties - -16- 186 enjoined from continuing business - fines - procedure - definition - repeal.

(1) AnemployersubjecttothetermsandprovisionsofAn articles40employer to47ofsubject thistitlewhoTITLE8THATto failstoinsureortokeeptheinsurancethe requiredterms byand suchprovisions articlesTICLESof articles 40 TOto 47 OFof THISthis TITL8title inwhoTLE force,8 allowsTHAT fails to insure or to keep the insurance requiredbysucharticles ARTICLES 40 TO 47 OFTHISTITLE 8inforce,allows the insurance to lapse, or fails to effect a renewal of the insurance shallnotcontinuebusinessoperationswhilesuchTHEshall defaultineffectivenot continue business operations while suchTHE default in effective insurance continues.

and, if the information cancanbesubstantiated,shallnotifytheemployerof betheopportunitytorequest substantiated,a shallprehearing notifyconference theon employer of the opportunitytorequestaprehearingconferenceontheissueofdefault.sissue part of thedefault. director's investigation, the director may verify that all employees of that employer are insured through the employer's workers' compensationplan.Thedirectormayforwardanyworkers'compensation coverageissuetotheemployer'sworkers'compensationcarrierforfurther investigation bythe carrier.

Thereafter,As ifpart necessary,of the directordirector's maysetinvestigation, theissueoftheemployer'sdefaultforhearinginaccordancewithhearingthe timedirector schedulemay andverify proceduresthat setall forthemployees in articles 40 to 47 of thisthat titleemployer TITLEare 8insured andthrough rulesthe promulgatADOPTEDemployer's byworkers' thecompensation director.plan.

The director may forward any workers' compensation coverage issue to the employer's workers' compensation carrier for further investigation by the carrier.

Thereafter, if necessary, the director may set the issue of the employer'sdefaultforhearinginaccordancewithhearingtimescheduleand procedures set forth in articles 40 to 47 of this titleITLE 8 and rules promulgated ADOPTED bythe director.

(2)(a)(2) Aninsurer,self-insuredemployer,orclaimantmayrequest(a) An insurer, self-insured employer, or claimant may request PAGE 13-SENATE BILL 26-186 a review of services rendered pursuant to this articleLEarticle ARTICLE 8 by a -17- 186 health-care provider.

Requests for utilization review shall be submitted on forms promulgatedADOPTEDpromulgated ADOPTED by the director by rule.

At the time of submission of a review request, the requester shall paythepay the division a fee prescribed by the director by rule.

SuchfeeSuch shalMUSTTHE fee shallMUST cover the division's administrative costs and the costs of compensating utilization review committee members.

If a claimant is successful in a utilization reviewcasereview case brought pursuant to thissection,thedivisionshallreimbursethis section, the feedivision chargedshall pursuantreimburse tothefeechargedpursuanttothisparagraph(a) thisSUBSECTION paragraph(2)(a)andassess (a)CTION (2)(a) and assess it against the insurer or self-insured employer.

The state treasurer shallcreditfeescollectedpursuanttothissectiontotheutilizationreviewshall credit fees collected pursuant to this section to the utilization review cash fund, which fund is hereby created.

Moneys M ONEY in the utilization review cash fund aIScontinuouslyare IScontinuously appropriated to the division for the purposepurposeofadministeringtheutilizationreviewprogramandmaynotrevert of administering the utilization review program and may not revert to the general fund at the end of any fiscal year.

The division shall mailROVIDEmail PROVIDE to any claimant, insurer, or self-insured employer a notice that a case is to be reviewed and that the claimant maymaybe be examined as a result of suchEsuch THE review.

The claimant, insurer, or self-insured employer has thirty daysdaysfromthedateofmailingofsuch fromSERVICEOFTHE thenoticetoexaminethe date of mailing of such SERVICE OF THEnotice to examine the medical records submitted by the party who requested the review and may addaddmedicalrecordstotheutilizationreviewfilethatthepartybelievesmay medical records to the utilization review file that the party believes may be relevant to the utilizationreview.Thedivisionshallmaintainaspecialfileforutilizationutilization reviewreview. cases.

SuchHEThe filedivision shall MADEmaintain accessiblea onlyspecial tofile interestedfor parties in a utilization review casecases. and shallnot otherwise be open to any person.

SuchHE file shall bMADE accessible onlytointerestedpartiesinautilizationreviewcaseandshallnototherwise be open to any person.

-18- 186 8-46-102.

(1) (b) In the event that the deceased is a minor with nonoTHOUT ANY persons either wholly or partiallydependentpartially dependent upon the deceased, the employeremployerortheemployer'sinsurancecarrier,ifany,shallpaytotheparents orof the employer'sdeceased insurancethe carrier,sum ifof any,fifteen shallthousand paydollars, not to theexceed parentsofthedeceasedthesumoffifteenthousanddollars,nottoexceed one hundred percent of the death benefit.

In the event that there are nonoOT NOT surviving parents, the employer or the employer's insurance carrier, if any,shallany, paysuchEshall benefitspay tothedivision,tobetransmittedtothesuch stateTHE treasurer,benefits asto custodian,the anddivision, creditedto bybe transmitted to the state treasurertreasurer,ascustodian,andcreditedbythestatetreasurertothesubsequent toPAGE the14-SENATE subsequentBILL injuryOLORADO26-186 injury C OLORADO UNINSURED EMPLOYER fundCREATEDfund CREATED IN SECTION 8-67-105.

In the event that there are persons onlyonlypartiallydependent partially dependent upon thedeceased, the deceased,employer ortheemployer'sinsurancecarrier,if any,shall firstpaysuchbenefitstosuch THE partiallydependentpersonsandshallpay the employerbalance orto the employer'ssurviving insuranceparents carrier,ifany,shallfirstpaysuchbenefitstosuchartiallydependentof personsandshallpaythebalancetothesurvivingparentsofthedeceased,the deceased, or in the event that there are nourvivingnoNOT surviving parents, the remaining balance shall be paid to the division, to be transmitted to thethestatetreasurer, stateas treasurer,ascustodian,whoshallcreditthesametothesubsequentinjurycustodian, Cwho OLORADOshall UNINSUREDcredit EMPLOYERthe fundCREATEDsametothesubsequentinjury C OLORADOUNINSUREDEMPLOYER fund CREATED IN SECTION8-67-105.SECTION 8-67-105.

on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(Augustninety-dayperiod after final adjournment of the general assembly(August 12, 2026, if adjournment sine die is on May 13, 2026);

except that, if a referendumreferendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approvedPAGE by15-SENATE theBILL people26-186 atapprovedbythepeopleatthegeneralelectiontobeheldinNovember2026 the general election to be held in -19- 186 November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

-20-____________________________ 186____________________________ James Rashad Coleman, Sr.

Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.

Polis GOVERNOR OF THE STATE OF COLORADO PAGE 16-SENATE BILL 26-186