Failure to Provide List of Two Doctors:
Under § 8-43-404(5)(a), C.R.S., the employer or insurer is afforded the right in the
first instance to select a physician to treat the injury. The statute requires the employer or
insurer to “provide a list of at least two physicians, … in the first instance, from which list an
injured employee may select the physician who attends said injured employee.” Similarly,
Workers’ Compensation Rules of Procedure, Rule 8-2(A), 7 Code Colo. Reg. 11-01-3, states
that “[w]hen an employer has notice of an on the job injury, the employer or insurer shall
provide the injured worker with a written list . . ..” In order to maintain the right to designate
a provider in the first instance, the employer has an obligation to name the treating physician
forthwith upon receiving notice of the compensable injury. See Rogers v. Industrial Claim
Appeals Office, 746 P.2d 545 (Colo. App. 1987). The failure to tender the “services of a
physician … at the time of injury” gives the employee “the right to select a physician or
chiropractor.” The employer’s duty to designate is triggered once the employer or insurer
has some knowledge of facts that would lead a reasonably conscientious manager to belief
the case may involve a claim for compensation. Bunch v. Industrial Claim Appeals Office,
148 P.3d 381 (Colo. App. 2006); Jones v. Adolph Coors Co., 689 P.2d 681 (Colo. App.
Original Source: From the archives of The Law Office of O'Toole & Sbarbaro, P.C.
Under § 8-43-404(5)(a), C.R.S., the employer or insurer is afforded the right in the
first instance to select a physician to treat the injury. The statute requires the employer or
insurer to “provide a list of at least two physicians, … in the first instance, from which list an
injured employee may select the physician who attends said injured employee.” Similarly,
Workers’ Compensation Rules of Procedure, Rule 8-2(A), 7 Code Colo. Reg. 11-01-3, states
that “[w]hen an employer has notice of an on the job injury, the employer or insurer shall
provide the injured worker with a written list . . ..” In order to maintain the right to designate
a provider in the first instance, the employer has an obligation to name the treating physician
forthwith upon receiving notice of the compensable injury. See Rogers v. Industrial Claim
Appeals Office, 746 P.2d 545 (Colo. App. 1987). The failure to tender the “services of a
physician … at the time of injury” gives the employee “the right to select a physician or
chiropractor.” The employer’s duty to designate is triggered once the employer or insurer
has some knowledge of facts that would lead a reasonably conscientious manager to belief
the case may involve a claim for compensation. Bunch v. Industrial Claim Appeals Office,
148 P.3d 381 (Colo. App. 2006); Jones v. Adolph Coors Co., 689 P.2d 681 (Colo. App.
Original Source: From the archives of The Law Office of O'Toole & Sbarbaro, P.C.
Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204
Disclaimer
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.
Privacy Policy
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.