(1)Notwithstanding the provisions of section 8-47-202, the filing of a claim for
compensation is deemed to be a limited waiver of the doctor-patient privilege to
persons who are necessary to resolve the claim. The release of mental health
records pursuant to this section must comply with section 8-47-203.2. Access to
claim files maintained by the division are permitted only as follows:
(a)Workers' compensation claim files shall be available for inspection upon
request by the parties to the claim, including the claimant, the employer, and the
insurer or their attorneys or other designated representatives. The parties to a claim
may review other claim files relating to the said claimant.
(b)Persons who are not parties to a claim, or their attorneys or designated
representative
Free access — add to your briefcase to read the full text and ask questions with AI
(1)
Notwithstanding the provisions of section 8-47-202, the filing of a claim for
compensation is deemed to be a limited waiver of the doctor-patient privilege to
persons who are necessary to resolve the claim. The release of mental health
records pursuant to this section must comply with section 8-47-203.2. Access to
claim files maintained by the division are permitted only as follows:
(a) Workers' compensation claim files shall be available for inspection upon
request by the parties to the claim, including the claimant, the employer, and the
insurer or their attorneys or other designated representatives. The parties to a claim
may review other claim files relating to the said claimant.
(b) Persons who are not parties to a claim, or their attorneys or designated
representatives, and who wish to inspect or obtain information from claim files may
submit a request to inspect a particular file, stating the purpose for such inspection.
The director may disallow such requests if the purpose of the inspection is to
further commercial interests, to disseminate information to nonparties, or if the
inspection does not comply with section 8-47-203.2. Any such request shall be
considered and determined by the division within seventy-two hours.
(c) (I) (A) The director may permit access to other governmental entities only
as required for the performance of their official duties and only if those official
duties relate to enforcement of articles 40 to 47 of this title 8. As used in this
subsection (1)(c)(I), enforcement includes duties of governmental entities involved
in the administration of articles 40 to 47 of this title 8 or if such duties relate to the
enforcement of child support under section 26-13-122. This subsection (1)(c)(I)(A) is
not intended to restrict the rights of persons otherwise provided for in articles 40 to
47 of this title 8 to inspect and copy files.
(B) Notwithstanding any other provision of this title 8, the department of
revenue may access results of an inquiry made by the division to determine whether
an employer has liability pursuant to articles 22 to 29 of title 39.
(C) Notwithstanding any other provision of this title 8, the division of family
and medical leave insurance may access records regarding compensability and
benefit payments of workers' compensation claims for the purposes of coordinating
the benefits of and otherwise enforcing article 13.3 of this title 8.
(II) The general assembly intends that any contract, agreement, or any other
means to transfer information between the department of labor and employment
and any other governmental entity related to access to claim files in effect prior to
May 27, 1997, shall be conformed to the provisions of this paragraph (c), as
amended, or terminated as authorized by law.
(III) Notwithstanding articles 40 to 47 of this title 8, the director may provide
information to the Colorado uninsured employer board created in section 8-67-106,
as necessary, to exercise its powers and duties.
(d) Persons entitled to review claim files may obtain copies upon payment of
the fee set by the division. Such persons shall not disseminate information
contained in those files except as required to resolve the claim, or as permitted by
the director, or as permitted by law.
(e) Claimants may waive the protection of this statute by executing a waiver
for the release of information. The waiver must be dated and will be effective for
ninety days thereafter.
(2) All orders entered by the director or an administrative law judge pursuant
to articles 40 to 47 of this title shall be made available by the division for inspection
or copying for a fee reflecting actual costs; except that the name and other
identifying information concerning the claimant and employer shall be excised.