Colorado: Rules for audio recordings during IME change
The Division of Workers' Compensation adopted revisions to the Workers' Compensation Rules of Procedure 7 C.C.R. 1101-3. Rules 8-8 through 8-13 apply to claims filed on or after Aug. 5, 2009, in which the employer or insurer requires an independent medical examination pursuant to 8-43-404.
Rule 8-9(A) and (B) require notice to the claimant and a signature prior to the exam and verbal notice immediately before the exam if it will be audio recorded. Rule 8-10 covers audio recordings made during an examination. Rule 8-11 addresses processing the recorded information after the examination, including releasing written reports. Rule 8-12 addresses maintenance of the recordings, and Rule 8-13 addresses the procedure for dealing with disputes regarding the recording. The rules went into effect Nov. 1. The complete text of Rules 8-8 through 8-13 is available at www.coworkforce.com/dwc/.
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November 30, 2009
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