A bill (HB1012 passed in March) originally focused on limiting spying on workers claiming they were injured on the job, was recently amended to center on how investigations are conducted and what evidence is admissible in administrative hearings on workers’ comp claims. HB1012, sponsored by Colorado Representative Sal Pace, limited surveillance of suspected fraud cases and imposed a $1,000 fine compounded daily against insurers who broke the new rule. However, its scope was amended in the House Appropriations Committee who removed the provision limiting surveillance in suspected fraud cases and dropping the proposed fine. The bill now focuses on the practices of investigators conducting surveillance and admissible evidence. The bill’s new wording proposes to exclude from administrative hearings evidence obtained by investigators viewed as acting in an intimidating or harassing manner. It also seeks to require investigators, when questioned by their subjects, to admit they are spying and for whom, otherwise the evidence they obtain would carry no weight in an administrative hearing. The amended bill also provides a provision that videos collected at the time of surveillance must be presented to the claimant’s treating physician for review and interpretation. Opponents argue that the videos should speak for themselves, and that many times video footage is introduced into evidence in other court proceedings without corroboration or input provided from expert witnesses.
A Senate committee is slated to hear testimony on the bill.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
Podcast/Webcast: Claim Handling Strategies
Click Here:
http://www.workerscompkit.com/gallagher/podcast/ Claim_Handling_Strategies/index.php
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
