An employer in the first instance has the right to select the treating physician for an injured worker.  If the employer (or its insurance carrier) fails to designate four (4) treating physicians or clinics within a reasonable period of time after notice of the injury (depending on the circumstance, within minutes or days), the claimant is free to choose his/her own treating physician, and the self-insured employer or insurance carrier must pay bills from that physician as well as the referrals made by that physician.  ( See generally, Section 8-43-404(5)(a)(I)-(V), C.R.S.).  If an employee wishes to change the treating physician selected by the employer within 90 days of injury, they may automatically go to the alternate medical provider by simply completing a form.  After 90 days, they may request to do so by providing a written request to the self-insured employer or the insurance carrier. See Section 8-43-404(5)(a)(VI), C.R.S.  If the permission is neither granted nor refused within twenty (20) days, the employer or insurance carrier shall be deemed to have waived any objection to the change, and the requested physician now becomes the primary treating physician in the case.  When a claimant moves to another state, the employer/insurer has the right “in the first instance” to select the physician who will treat the claim.  Failure to timely designate a new physician could result in the right of the claimant to select their own.

Cairns & Associates, P.C.

3900 E. Mexico Avenue
Suite 300
Denver, CO 80210

Phone (303) 481-6345
Fax (866) 277-0355

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