Re-Opening a Closed Case – Prematurely Closed

Workers Compensation Final Admissions of Liability and Division Independent Medical Exams

Often, an injured worker’s case is closed in Colorado without the worker even knowing it happened. Be careful that this doesn’t happen to you. When a workers reaches maximum medical improvement, his authorized treating physician will usually assign a disability rating. The insurance company will then file a Final Admission of Liability. This document is several pages long. If you don’t read it carefully, your case will close without further action by anyone.

To prevent closure of the case, the worker must file an Objection to Final Admission within 30 days of the date the Final Admission of Liability is mailed. The workers must also either set it for hearing, or ask for an independent medical examination. The independent medical examination is begun by filing a Notice and Proposal to Select an Independent Medical Examiner.

A Division Independent Medical Exam is used when either side disagrees with the date of maximum medical improvement or disagrees with the percentage of disability. Both of these issues are initially determined by the authorized treating physician Whatever party disagrees with the treating doctor’s opinion can ask for a Division IME.

The determination of the Division IME doctor is binding unless proven to be wrong by clear and convincing evidence. This is very difficult to do and usually a judge will not do this unless the Division IME doctor is obviously incorrect.

Because it is difficult to overcome the opinion of a Division IME doctor, great care should be taken in the selection of that doctor. The Notice and Proposal names several doctors that the requesting party will agree to. However, if the parties cannot agree, the Division of Workers Compensation will send a list of three doctors and each party strikes on name from the list. The remaining doctor will perform the Division IME.

The insurance companies are very aware which doctors favor injured workers and which doctors favor insurance companies. Because the opinion of a Division IME doctor is very difficult to overcome, do not go through the Division IME process without the advice of a workers’ compensation attorney.

Call the Eley Law Firm today at 866.458.6360 for a free case evaluation from a workers compensation lawyer. You may also e-mail us or fill out the form on the Contact Us page of this website, and a representative from the office will be in touch with you shortly. We look forward to hearing from you and helping with your workers comp case!