Effective now the new rule 8 for the Colorado Division of Workers Compensation sets forth the law that claimants should be provided with more than one doctor to treat the work injury and also with a right to easily switch. The prior law was that your employer simply had the first right to designate your treating doctor. Such a process has never been liked by claimants as often it meant treatment by a doctor handpicked by the employer/insurer. While some of such doctors are reasonable others are not or even hostile to a claimant (at least that is what I have been told). The new law eases up a bit but it is still permitting the employer to provide you with at least two doctors and one would then become your treating doctor. It also adds a new way to switch to the other doctor (provided you follow the rule). In the past the way to switch doctors would be to ask for a change or seek a change by order of a judge. Usually a sharp insurer would prevent that and force you to seek a hearing. At a hearing the Judge would not just grant you a change without some basis and all this took quite a bit of time to set up. The new law adds another option so it is a bit of an improvement. I still expect the two doctors you are offered to be handpicked by the employer/insurer. Here is the new rule:
Rule 8
Thursday, January 03, 2008
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