An insurance carrier or self-insured employer may end a claimant’s temporary benefits without a hearing in certain circumstances. Under Rule 6-1 of the Division of Workers’ Compensation Rules of Procedure, claimant’s benefits may be ended without a hearing if the insurance carrier files an admission of liability form with one or more of the following:
- A medical report from the authorized treating physician stating that the claimant has reached maximum medical improvement;
- A medical report from the authorized treating physician who has provided the primary care which states that the claimant is able to return to regular employment;
- A written report from the employer or the claimant stating that the claimant has returned to work;
- A certified letter to the claimant and their attorney containing both an offer of modified employment, setting forth duties, wages, and hours and a statement from an authorized treating physician that the employment offered is within the claimant’s physical restrictions; and/or
- A certified letter to the claimant and their attorney advising them that temporary disability benefits will be suspended for failure to appear at a rescheduled medical appointment.
The rules for terminating or suspending temporary disability benefits differ for claims arising before July 1, 1991. (Rule 6, Division of Workers’ Compensation Rules of Procedure).
Cairns & Associates, P.C.
3900 E. Mexico Avenue
Denver, CO 80210
Phone (303) 481-6345
Fax (866) 277-0355