§ 8-43-502 — Independent medical examinations

Colorado § 8-43-502

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Procedure

Text

(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.

Legislative History

Source: L. 90: Entire section added, p. 579, � 1, effective July 1.