Current through Register Vol. 47, No. 17, September 10, 2024
5-1
COMPLETION OF DIVISION FORMS
(A) Information
required on Division forms shall be typed or legibly written in black or blue
ink, completed in full and in accordance with Division requirements as to form
and content. Forms that do not comply with this rule may not be accepted for
filing. Position statements relative to liability which do not meet Division
requirements will be returned to the insurer.
(B) Insurers may transmit data in an
electronic format only as directed by the Division.
(C) All first reports of injury and notices
of contest filed with the Division shall be transmitted electronically via
electronic data interchange (EDI) or via the Division's internet filing
process. First Reports of Injury and Notices of Contest cannot be submitted via
electronic mail.
(D) All filings
shall be sent via electronic submission to the Division.
(a) Only one file per submission is
permitted. All exhibits shall be combined into one file with the filing or
form. Multiple attachments will not be accepted.
(b) The subject line of the email and the
attached file name must be named in this order: wc#, claimant first and last
name, and type of document.
(c) The
certificate of service should reflect the date it was submitted to the division
of workers' compensation.
(d) All
admissions; petitions to modify, terminate, or suspend (wc54); request for lump
sum payments (wc62); and motions to close for lack of prosecution (wc192) must
be sent to: cdle_dowc_filings@state.co.us
(i)
In order to electronically submit a motion to close, all parties must have an
electronic mail address
(ii) If
electronic mail addresses are not available, these forms will be accepted via
regular mail along with self-addressed, postage-paid envelopes for all
parties.
(e) All other
motions (other than motions to close which are addressed under rule 7) and
submissions for prehearings and settlement unit must be addressed to:
cdle_dowc_prehearings@state.co.us. Motions must be accompanied by a proposed
order.
(f) All other communications
not specifically addressed in this rule, including but not limited to
objections to final admissions, entries of appearance, and workers' claims for
compensation must be addressed to:
cdle_workers_compensation@state.co.us
(E) The Director may grant an exemption to an
insurer from filing electronically because of a small number of filings or
financial hardship. Any insurer requesting an exemption from electronic filing
may do so in letter form addressed to the Director. The request should provide
specific justification(s) for the requested exemption. The letter should
address whether an exemption is sought for only EDI or also for internet
filing.
(F) In the event compliance
with 5-1(C) is prevented by technological errors beyond the control of the
filing party, a waiver may be requested by submitting the division-issued paper
form along with a cover letter addressed to the Director identifying the reason
for the request. Upon receipt of a request the Division will either accept the
paper form or notify the filing party that electronic submission will be
required.
5-2 FILING OF
EMPLOYERS' FIRST REPORTS OF INJURY
(A) Within
ten days of notice or knowledge an employer shall report any work-related
injury, illness or exposure to an injurious substance as described in
subsection (F), to the employer's insurer. An employer who does not provide the
required notice may be subject to penalties or other sanctions.
(B) A First Report of Injury shall be filed
with the Division in a timely manner whenever any of the following apply. The
insurer or third-party administrator may file the First Report of Injury on
behalf of the employer.
(1) If an injury
results in a fatality, or three or more employees are injured in the same
accident, a first report of injury shall be filed with the division within 3
days of notice to the insurance carrier or self-insured.
(2) A First Report of Injury must be filed
within ten days of an employer receiving notice or knowledge of any of the
following events:
(a) An injury or
occupational disease has resulted in lost time from work for the injured
employee in excess of three shifts or calendar days;
(b) The occurrence of a permanently
physically impairing injury;
(c)
For claims with dates of injury on and after August 10, 2022, when medical
treatment supervised by an authorized treating physician and intended to cure
or relieve the injury is provided for more than 180 days after the date of
notice to the employer of the injury;
(d) An employee has contracted an
occupational disease listed in any of the following categories:
(i) Chronic respiratory disease;
(ii) Cancer;
(iii) Pneumoconiosis, including but not
limited to coal worker's lung, asbestosis, silicosis, and
berylliosis;
(iv) Nervous system
diseases;
(v) Blood borne
infectious, contagious diseases.
(3) Within ten days after notice or knowledge
of any claim for benefits, including medical treatment only, that is denied for
any reason.
(C) The
insurer shall state whether liability is admitted or contested within 20 days
after the date the employer's First Report of Injury is filed with the
Division. If an Employer's First Report of Injury should have been filed with
the Division, but wasn't, the insurer's statement concerning liability is
considered to be due within 20 days from the date the Employer's First Report
of Injury should have been filed. The date a First Report of Injury should have
been filed with the Division is the last day it could have been timely filed in
compliance with paragraph (B) above.
(D) The insurer shall state whether liability
is admitted or contested within 20 days after the date the Division mails to
the insurer a Worker's Claim for Compensation or Dependent's Notice and Claim
for Compensation.
(E) No statement
regarding liability may be filed until a workers' compensation claim number is
assigned. A separate and distinct statement regarding liability is required for
each claim in which a workers' compensation claim number is assigned.
(F) In the format required by the Director,
each insurer shall submit a monthly summary report to the Division containing
the following:
(1) Injuries to employees that
result in no more than three days' or three shifts' loss of time from work, no
permanent physical impairment, no fatality, active medical treatment less than
180 days, or contraction of an occupational disease not listed in subsection
(B) of this rule; and
(2) Exposures
by employees to injurious substances, energy levels, or atmospheric conditions
when the employer requires the use of methods or equipment designed to prevent
such exposures and where such methods or equipment failed, was not properly
used, or was not used at all.
5-3 INITIAL NOTICE TO CLAIMANT
At the time an insurer notifies the Division of its position
on a claim, the insurer shall notify the claimant, in writing, of the insurer's
claim number, the name and address of the individual assigned to the adjustment
of the claim, a telephone number, and email address of the adjuster.
5-4 MEDICAL REPORTS AND RECORDS
(A) Medical reports on claims that have been
reported to the Division shall be filed with the Division under the following
circumstances:
(1) When attached to an
admission of liability form, or a petition to suspend benefits, or
(2) In connection with a request to the
Division to determine the claimant's eligibility for vocational rehabilitation
benefits or to review a vocational rehabilitation plan, or to review requests
regarding the provision of vocational rehabilitation services, or
(3) When otherwise required by any other rule
or the Act, or
(4) At the request
of the Director.
(5) A copy of
every medical report not filed with the Division shall be exchanged with all
parties within fifteen (15) business days of receipt. A claimant may opt to not
receive copies of medical reports from the insurer under this section by
providing written notice to the insurer. Such notice may be revoked by the
claimant in writing at any time.
(B) For claims which are not required to be
reported to the Division, the parties shall exchange medical reports within
five (5) business days of a request for such information by a party to the
claim.
(C) A party shall have 15
days from the date of mailing to complete, sign, and return a release of
medical and/or other relevant information. If a written request for names and
addresses of health care providers accompanies the medical release(s), a
claimant shall also provide a list of names and addresses of health care
providers reasonably necessary to evaluate/adjust the claim along with the
completed and signed release(s). Medical information from health care providers
who have treated the part(s) of the body or conditions(s) alleged by the
claimant to be related to the claim, during the period five years before the
date of injury and thereafter through the date of the request, will be presumed
reasonable. Any request for information in excess of the presumption contained
in this rule shall include a notice that the insurer is requesting information
in excess of what is presumed reasonable and that providing the information is
not required. If a party disputes that a request within the presumption is
reasonable or that information sought is reasonably necessary, that party may
file a motion with the Office of Administrative Courts or schedule a prehearing
conference. Requests for release of medical information as well as informal
disclosures necessary to evaluate/adjust the claim are not considered
discovery
(D) A party shall have 15
days from the date of mailing to respond to a reasonable request for
information regarding wages paid at the time of injury and for a reasonable
time prior to the date of injury, and other relevant information necessary to
determine the average weekly wage. Any dispute regarding such a request may be
resolved by the Director or an Administrative Law Judge. The request for an
exchange of information under this Rule 5-4(D) is not considered
discovery.
(E) Mental health
records in the possession of an insurer or self-insured employer or any agent
thereof shall not be exchanged with any party other than claimant or claimant's
counsel unless necessary for medical evaluation, adjustment or adjudication of
the claim or otherwise approved by the Director or an Administrative Law Judge.
An insurer may release mental health records concerning work
restrictions to the employer but shall not disclose the actual mental health
records to any third party unless necessary for medical evaluation, adjustment
or adjudication of the claim or otherwise approved by the Director or an
Administrative Law Judge.
5-5 ADMISSIONS OF LIABILITY
(A) When the final admission is predicated
upon medical reports, a narrative report and appropriate worksheets MUST
accompany the admission. The attachment of the physician's report of workers'
compensation injury form is required in cases where such document is supplied
by the physician concurrently with the narrative report. Attached documentation
must provide a statement from an authorized treating physician regarding the
date of maximum medical improvement, permanent impairment, and maintenance
medical benefits.
(1) The physician's report
of workers' compensation injury form or narrative report shall reflect the
recommendation of the physician completing the form with regard to the
provision of medical benefits after maximum medical improvement, as may be
reasonable and necessary within the meaning of the act. The admission shall
state the insurer's position on the provision of medical benefits after maximum
medical improvement. If maintenance medical benefits are being denied, the
admission shall make specific reference to the medical report by listing the
physician's name and the date of the report in the remarks section of the
admission.
(2) The objection form
prescribed by the Division as part of the final admission form shall precede
any attachment.
(3) For claims
reported to the Division in which only medical benefits have been paid and no
permanent impairment has been assigned, either the narrative report or the
physician's report of workers' compensation injury form shall be attached as
support.
(4) For claims reported to
the Division in which only medical benefits have been paid and no permanent
impairment has been assigned, a narrative report completed after the final
admission of liability has been filed must be exchanged within fifteen (15)
days of receipt.
(B) An
admission filed for medical benefits only shall state the basis for denial of
temporary and permanent disability benefits within the remarks section of the
admission.
(C) Upon termination or
reduction in the amount of compensation, a new admission shall be filed with
supporting documentation on or prior to the next scheduled date of payment,
regardless of the reason for the termination or reduction. An admission shall
be filed within 30 days of any resumption or increase of benefits.
(1) Following any order (except for orders
which only involve disfigurement) becoming final which alters or awards
benefits, an admission consistent with the order shall be timely
filed.
(2) The filing of an
admission consistent with this section shall not be construed as a reopening of
any issues closed by a prior admission or resolved by order.
(D) For all injuries required to
be filed with the Division with dates of injury on or after July 1, 1991:
(1) Where the claimant is a state resident at
the time of MMI:
(a) When an authorized
treating physician providing primary care is not Level II accredited and has
determined the claimant has reached MMI and has sustained any permanent
impairment, such physician shall, within 20 days after the determination of
MMI, refer the claimant to a Level II accredited physician for a medical
impairment rating. If the referral is not timely made, the insurer shall refer
the claimant to a Level II accredited physician for a medical impairment rating
within 40 days after the determination of MMI.
(b) If the authorized treating physician
determining MMI is Level II accredited, within 20 days after the determination
of MMI, such physician shall determine the claimant's permanent impairment, if
any.
(2) Where the
claimant is not a state resident at the time of MMI:
(a) When an authorized treating physician
providing primary care is not Level II accredited and has determined the
claimant has reached MMI and has sustained any permanent impairment, within 20
days after the determination of MMI, such physician shall conduct tests to
evaluate impairment and shall transmit to the insurer all test results and
relevant medical information. Within 20 days of receipt of the medical
information, the insurer shall appoint a Level II accredited physician to
determine the claimant's medical impairment rating from the information that
was transmitted.
(b) When the
claimant chooses not to have the treating physician providing primary care
conduct tests to evaluate impairment, or if the information is not transmitted
in a timely manner, the insurer shall arrange and pay for the claimant to
return to Colorado for examination, testing, and rating, at the expense of the
insurer. The insurer shall provide to the claimant at least 20 days advance
written notice of the date and time of the impairment rating examination, and a
warning that refusal to return for examination may result in the loss of
benefits. Such notification shall also include information identifying travel
and accommodation arrangements.
(E) For those injuries required to be filed
with the Division with dates of injury on or after July 1, 1991:
(1) Within 30 days after the date of mailing
or delivery of a determination of impairment by an authorized Level II
accredited physician, or within 30 days after the date of mailing or delivery
of a determination by the authorized treating physician providing primary care
that there is no impairment, the insurer shall either:
(a) File an admission of liability consistent
with the physician's opinion, or
(b) Request a Division Independent Medical
Examination (DIME) in accordance with Rule 11-3 and §
8-42-107.2, C.R.S.,
(c) In cases involving only a scheduled
impairment, an application for hearing or final admission may be filed without
a Division Independent Medical Examination.
i)
the filing of an application for hearing by the insurer under this provision
shall not prevent the claimant from seeking a Division Independent Medical Exam
on the issues of MMI and/or conversion to whole person impairment. The claimant
shall have thirty (30) days from the filing of the application for hearing to
request an independent medical exam.
ii) at the time the insurer files an
application for hearing under this provision it shall concurrently provide a
notification to the claimant that the claimant may request a DIME on the issues
of MMI and/or conversion to whole person impairment, as well as a copy of the
Division's notice and proposal form.
(F) Within 20 days after the date of mailing
of the Division's notice of receipt of the Division Independent Medical
Examiner's report, the insurer shall either admit liability consistent with
such report or file an application for hearing. This section does not pertain
to IMEs rendered under §
8-43-502, C.R.S.
(G) The insurer may modify an existing
admission regarding medical impairment, whenever the medical impairment rating
is changed pursuant to a Division Independent Medical Exam, a Division
Independent Medical Examiner selected in accordance with Rule 5-5(E); or an
order. Any such modifications shall not affect an earlier award or admission as
to monies previously paid.
(H) When
an insurer files an admission admitting for a medical impairment, the insurer
shall admit for the impairment rating in a whole number. If the impairment
rating is reported with a decimal percentage, the insurer shall round up to the
nearest whole number:
(I) An
admission of liability which includes a reduction in benefits for a safety rule
violation must include a statement from a representative of the employer of the
specific facts on which the reduction is asserted. The statement shall be
attached as a separate document to the initial admission.
5-6 TIMELY PAYMENT OF COMPENSATION BENEFITS
(A) Benefits and penalties awarded by order
are due three (3) business days after the order becomes final. Any ongoing
benefits shall be paid consistent with statute and rule.
(B) Initial payment of temporary disability
benefits awarded by admission shall be paid no later than the date the
admission awarding benefits is filed and are considered due three (3) business
days after the date of the admission. Temporary disability benefits are due at
least once every two weeks thereafter from the date of the admission. Payment
mailed via the United States Postal Service will be considered timely if
postmarked at least three (3) business days prior to the due date and must
include all benefits owed through the due date. In some instances, an
employer's first report of injury and admission can be timely filed, but the
first installment of compensation benefits will be paid more than 20 days after
the insurer has notice or knowledge of the injury. Provided the filings are
timely and that benefits are timely paid for the entire period owed as of the
date of the admission, the insurer will be considered in compliance
(C) Permanent impairment benefits awarded by
admission are retroactive to the date of maximum medical improvement and shall
be paid so that the claimant receives the benefits not later than three (3)
business days after the date of the admission. Subsequent permanent disability
benefits are due at least once every two weeks from the date of the admission.
When benefits are continuing, the payment shall include all benefits which are
due. Payment mailed via the United States Postal Service will be considered
timely if postmarked at least three (3) business days prior to the due
date.
(D) An insurer shall receive
credit against permanent disability benefits for any temporary disability
benefits paid beyond the date of maximum medical improvement.
(E) Benefits shall be calculated based on a
seven (7) day calendar week.
5-7 PERMANENT PARTIAL DISABILITY BENEFIT
RATES
(A) Permanent partial disability
benefits paid as compensation for a non-scheduled injury or illness which
occurred on or after July 1, 1991, shall be paid at the temporary total
disability rate, but not less than one hundred fifty dollars per week and not
more than fifty percent of the state average weekly wage at the time of the
injury.
(B) Scheduled impairment
benefits shall be paid at the calculated rate pursuant to §
8-42-107(6)
C.R.S.
(1) For injuries resulting in a
scheduled impairment, the permanent partial disability amount must be
determined utilizing the scheduled rating calculation if it is higher than the
nonscheduled rating calculation.
(C) Where scheduled and non-scheduled
injuries occurred resulting in impairment, the scheduled and non-scheduled
impairment benefits shall be paid concurrently.
5-8 ADMISSION FOR PERMANENT TOTAL DISABILITY
BENEFITS
(A) An insurer shall file an
admission of liability for permanent total disability benefits on a final
admission of liability form prescribed by the Division.
(B) An insurer may terminate permanent total
disability benefits without a hearing by filing an admission of liability form
with all of the following attachments:
(1) A
death certificate or written notice advising of the death of a claimant;
and
(2) A statement by the insurer
as to its liability for payment of:
(a) Death
benefits and
(b) If there are
dependents, the unpaid portion, if any, of permanent total disability benefits
the claimant would have received had s/he lived until receiving compensation at
the regular rate for a period of six years.
5-9 REVISING FINAL ADMISSIONS
(A) Within the time limits for objecting to
the final admission of liability pursuant to §
8-43-203, C.R.S., the Director may
allow an insurer to amend the admission for permanency, by notifying the
parties that an error exists due to a miscalculation, omission, or clerical
error.
(B) The period for objecting
to a final admission begins on the mailing date of the last final
admission.
5-10 LUMP SUM
PAYMENT OF AN AWARD
(A) For lump sum requests
less than or equal to $10,000.00 for permanent partial disability awards for
whole person or scheduled impairment the following applies per §
8-42-107.2 C.R.S:
(1) Lump sum payment of $10,000.00, or the
remainder of the award, if less, shall automatically be paid, less discount, on
the claimant's written request to the insurer. The insurer shall calculate the
sum certain and issue payment taking applicable offsets (i.e., disability
benefits, incarceration, garnishments) within ten (10) business days from the
date of mailing of the request by the claimant.
(B) For lump sum requests greater than
$10,000.00 for permanent partial awards, or for any permanent total, the
following applies per §
8-43-406 C.R.S.:
(1) If the claimant is represented by
counsel, a request for a lump sum payment of a portion or remaining benefits
shall be made by submitting a Request for Lump Sum Payment form to the insurer
and the Division, if the claimant has indicated that the admission will be
accepted as filed, relative to permanent partial disability and maximum medical
improvement. The claimant is not required to waive the right to pursue
permanent total disability benefits as a condition to receiving the lump sum.
Within ten (10) days of the date the Request for Lump Sum Payment form was
mailed, the insurer shall issue the payment and file the required benefit
payment information with the Division, the claimant and the claimant's
attorney.
(a) The insurer shall have ten days
from the claimant's request to object to the payment of the lump sum. Prior to
payment and within the same ten (10) day time-period, the insurer shall submit
the lump sum calculations to claimant, claimant's attorney and the Division
providing the reason for the objection. Claimant shall have ten days from the
insurer's objection to file a response. Upon receipt of the form the Director
shall make a determination on the lump sum request.
(b) The claimant shall have ten days from the
date the payment or payment information was mailed to object to the accuracy of
the payment by stating the basis for the objection, in writing, to the Division
and insurer. Insurer shall have ten days from the claimant's objection to file
a response. Following receipt of the objection, the Director shall make a
determination on the lump sum payment.
(c) The total of all lump sums issued per
claim may not exceed the amount set forth in the Director's annual maximum
benefit order in effect on the date the first non-$10,000 lump sum is
requested.
(2) If the
claimant is not represented by counsel, a request for a lump sum payment of
benefits shall be made by submitting a Request for Lump Sum Payment to the
insurer and the Division if the claimant has indicated that the admission will
be accepted as filed, relative to permanent partial disability and maximum
medical improvement. The claimant is not required to waive the right to pursue
permanent total disability benefits as a condition to receiving the lump sum.
Within ten (10) days of the date the Request for Lump Sum Payment form was
mailed, the insurer shall file the required lump sum calculation information
with the Division and the claimant.
(a) The
claimant shall have ten (10) days from the date of mailing of the benefit
payment information provided by the insurer to object to the accuracy of this
information. In the absence of an objection, a lump sum order issued by the
Director will be based upon the information submitted.
(b) The total of all lump sums issued per
claim may not exceed the amount set forth in the director's annual maximum
benefit order in effect on the date the first non-$10,000 lump sum is
requested.
(C) For lump sum requests greater than
$10,000.00 for dependents' benefits, the following applies per §
8-43-406 C.R.S.:
(1) A request for a lump sum payment of a
portion or remaining benefits shall be made by submitting a request for lump
sum payment form to the insurer and the division. Within ten (10) days of the
date the request for lump sum payment form was mailed, the insurer shall file
the required lump sum calculation information with the division and the
claimant.
(a) The insurer shall have ten (10)
days from the claimant's request to object to the payment of the lump sum.
Prior to payment and within the same ten (10) day time-period, the insurer
shall submit the lump sum calculations to claimant, claimant's attorney and the
division providing the reason for the objection. Claimant shall have ten (10)
days from the insurer's objection to file a response. Upon receipt of the form
the Director shall make a determination on the lump sum request.
(b) The claimant shall have ten (10) days
from the date the payment or payment information was mailed to object to the
accuracy of the payment by stating the basis for the objection, in writing, to
the division and insurer. The insurer shall have ten (10) days from the
claimant's objection to file a response. Following receipt of the objection,
the Director shall make a determination on the lump sum payment.
(c) The total of all lump sums issued to all
dependents may not exceed the amount set forth in the Director's annual maximum
benefit order in effect on the date the first non-$10,000 lump sum is
requested.
(i) When the weekly benefit amounts
were previously determined by an Administrative Law Judge or the Director, a
dependent's individual maximum lump sum amount shall be equivalent to the
percent of total benefits as ordered.
(ii) When the weekly benefit amounts were not
previously determined by an Administrative Law Judge or the Director, a
dependent's individual maximum lump sum amount shall be determined by the
Director.
(D) The insurer shall issue payment within
ten (10) days of the date of mailing of the order by the Director.
5-11 DOCUMENTATION OF
APPORTIONMENT
(1) For all claims with a date
of injury on or after July 1, 2008 a carrier may not reduce a claimant's
temporary total disability, temporary partial disability or medical benefits
because of any prior injury, whether work-related or non
work-related.
(2) If a permanent
impairment rating is reduced on an admission based on a prior work-related
injury a copy of the previous award or settlement shall be attached to the
admission and must establish that the award or settlement was for the same body
part. If a permanent impairment rating is reduced on an admission based on
non-work-related injury, documentation shall be attached to the admission
establishing prior impairment to the same body part that was identified,
treated and independently disabling at the time of the work-related
injury.
5-12 RECEIPTS
Upon demand of the Director, an insurer shall produce to the
Division a receipt, canceled check, or other proof substantiating payment of
any amount due to the claimant or to a provider.
5-13 INFORMATION ON CLAIMS ADJUSTING
(A) Every insurer, or its designated claims
adjusting administrator; shall provide the following information on claims
adjusting practices to the Division:
(1) The
name, address, telephone number and e-mail address of the
administrator(s) responsible for its claims adjusting.
(2) Within 30 days of any change in
administrator(s) responsible for claims adjusting, the insurer or self-insured
employer shall complete a "notice of change of carrier or adjusting firm" on
the Division provided form.
(3)
Upon request of the Director, any or all records, including any insurer
administrative policies or procedures, pertaining to the adjusting of Colorado
Workers' Compensation claims. This authority shall not extend to personnel
records of claims personnel. All documents shall remain confidential.
(B) Within 30 days of any change
in the administrator(s), notice of such change shall be provided in writing to
the claimant. Notice shall include the name, address, a telephone number, and
email address of the claims administrator(s).
5-13 CORRESPONDENCE FROM THE DIVISION
(A) Every insurer and self-insured employer
shall provide a mailing address for the receipt of communication from the
Division. All correspondence from the Division regarding the claim will be sent
to the address provided by the insurer or self-insured employer. Mailing to the
address provided is deemed good service.
(B) An insurer or self-insured employer may
designate a third party administrator (TPA) to handle specific claims by noting
the designation on the first report of injury or an admission of liability. No
correspondence will be sent to the TPA unless such a designation is made.
(1) In claims initiated by a workers' claim
for compensation, the Division will forward the claim to the insurer or
self-insured employer with a request for a position statement. The insurer or
self-insured employer shall be responsible for forwarding the claim to the
third party administrator (if any).
(2) The insurer or self-insured employer
remains responsible for ensuring compliance with these rules of procedure as
well as the workers' compensation act regardless of any designation of a third
party administrator.
5-14 SURVEYS
(A) Within 30 days following closure of each
claim that was reported to the Division, the insurer shall survey the claimant.
If the claimant is deceased the survey shall be presented to the claimant's
dependents, if there are such dependents. If two or more claims have been
merged or consolidated, one survey may be presented.
(B) If the claimant has previously authorized
the insurer to communicate through electronic transmission, the survey may be
sent to the claimant electronically. Otherwise, the survey shall be mailed to
the claimant. If mailed, along with the survey, the insurer shall provide a
return postage prepaid envelope for the claimant to use when returning the
survey.
(C) The survey shall
include the name of the insurer. The survey shall also have a space for the
claimant to sign if communicated by mail. The survey shall include the
following language: "This survey relates to your recent workers' compensation
claim. We would like to find out how satisfied you are with the way your claim
was handled." The survey shall include instructions as to how to return the
completed survey to the insurer, and the sentence "Insurers and employers are
prohibited by law from taking any disciplinary action or otherwise retaliating
against those who respond to this survey." In addition, the survey shall set
forth only the following questions:
(1) On a
scale from 1 to 5, with 1 being the least satisfied and 5 being the most
satisfied, please describe your satisfaction with the level of courtesy shown
to you in relation to your workers' compensation claim.
1 2 3 4 5
(2) On a scale from 1 to 5, with 1 being the
least satisfied and 5 being the most satisfied, please describe your
satisfaction with how promptly you received medical care.
1 2 3 4 5
(3) On a scale from 1 to 5, with 1 being the
least satisfied and 5 being the most satisfied, please describe your
satisfaction with how promptly your claim was handled.
1 2 3 4 5
(4) On a scale from 1 to 5, with 1 being the
least satisfied and 5 being the most satisfied, please describe your
satisfaction with how quickly any disputes in your claim were resolved. If you
did not have any disputes, please mark NA.
1 2 3 4 5
(5) On a scale from 1 to 5, with 1 being the
least satisfied and 5 being the most satisfied, please describe your overall
satisfaction with the way your claim was handled.
1 2 3 4 5
(6) The name of the adjuster handling your
claim, if known.
(D) On
or before the last day of January in each year, the insurer shall report the
survey results to the Division. The report shall include the total number of
surveys presented to claimants during the preceding calendar year but shall be
based on all survey results actually received by the insurer during that time.
For the questions set out in (C)(1), (C)(2), (C)(3) and (C)(5) above, the
insurer shall report the number of responses to the question and the average
score based on those responses. For question (C)(4), the insurer shall report
the number of responses to the question, the number of responses that indicated
NA, and the average of those responses that provided a numerical response.
There shall be only one report per insurer per year. The insurer shall maintain
the actual survey responses for a minimum of six months after providing the
results to the Division and shall provide the survey results to the Division
upon request.