STATEMENT OF BASIS AND PURPOSE FOR AN
AMENDMENT TO THE WORKERS’ COMPENSATION RULES OF PROCEDURE
7 CCR 1101-3

BASIS:  §8-47-107, C.R.S. provides the Director of the Division of Workers’ Compensation with authority to adopt and amend proper rules and regulations to govern the proceedings and hearings of the Division. §8-43-404(5)(a)(IV)(E) requires the Division to adopt rules in this specific area.

PURPOSE:  The revised rule provision implements the one-time change of authorized treating physician.

The adopted rule amendment addresses the following subject:

Rule 8-5(B)    One-Time Change of Authorized Treating Physician

The amendment clarifies that the injured worker must mail or hand-deliver the one-time change of physician request form to the employer.  This is accomplished by providing the form to the individual(s) designated by the employer to receive the notice.  That individual must then notify the impacted physicians and the individual adjusting the claim of the change, unless there is an objection to the one time change of physician.

Pursuant to §24-4-103(4)(b), C.R.S., the Director finds that: 1) there is a demonstrated need for the rule amendment; 2) the proper statutory authority exists for this regulation; 3) to the extent practicable, the rule is clearly stated so that its meaning will be understood by any party required to comply with the regulation; 4) the rule does not conflict with other provisions of law; and 5) the duplicating or overlapping of the regulation is explained by the agency proposing the rule.

  Effective date of the rule change will be May 1, 2009.

Bob Summers							02/26/2009
Bob Summers							Date
Director, Division of Workers’ Compensation