STATEMENT OF BASIS AND PURPOSE FOR
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.  The Director also is given authority and directed to adopt rules concerning specific matters that fall within the Workers’ Compensation Act.  For instance, §8-43-404(2) requires the Director to promulgate rules regarding the audio recording of certain independent medical examinations.

PURPOSE:  During the 2009 legislative session §8-43-404(2) was amended to require the audio recording of certain independent medical examinations, and also required the Director to promulgate rules.  That legislation stated that it applied to claims filed on or after August 5, 2009.  During the 2010 legislative session SB10-163 was passed and signed into law.  That bill, among other things, made the change in §8-43-404(2) apply to all claims.  The current rule has been amended to comply with the new law.

Pursuant to §24-4-103(4)(b), C.R.S., the Director finds that: 1) there is a demonstrated need for this 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 regulations is explained by the agency proposing the rule.

This rule will be effective August 1, 2010.

Paul Tauriello							June 17, 2010
Acting Director						Date
Division of Workers’ Compensation