Authorized Treating Physician

Colorado law provides that:  an employer “in the first instance” has the right to decide what doctors will treat an injured party for their work-related injury.  If the services of a doctor are not offered to an injured party at or near the time of injury, they have the right to select a physician or chiropractor of their choice.  This physician or chiropractor becomes the authorized treating physician even if the employer or insurance carrier disagrees with the choice.  If a claimant is dissatisfied with the care provided by the doctor chosen by the employer or the employer’s insurance company, the claimant may automatically switch to the alternate provider.  Effective April 1, 2015, the employer or its carrier must designate at least four (4) medical providers who are independent of each other.  Within the first 90 days after the deadline, a claimant may automatically switch to the alternate provider.  After that deadline, a client may write to the insurance carrier (or to the employer’s authorized representative if the employer is self-insured) to ask for permission to have a personal physician or chiropractor become the treating doctor.  If the employer or insurance carrier does not respond to the request within twenty (20) days, then the doctor of the claimant’s choice will be automatically authorized.  (Section 8-43-404(5) (a), C.R.S.).