Colorado § 8-47-203 - Access to files, records, and orders - definition.

§ 8-47-203. Access to files, records, and orders - definition.

(1) Notwithstanding the provisions of section 8-47-202, the filing of a claim for compensation is deemed to be a limited waiver of the doctor-patient privilege to persons who are necessary to resolve the claim. The release of mental health records pursuant to this section must comply with section 8-47-203.2. Access to claim files maintained by the division are permitted only as follows:

(a) Workers' compensation claim files shall be available for inspection upon request by the parties to the claim, including the claimant, the employer, and the insurer or their attorneys or other designated representatives. The parties to a claim may review other claim files relating to the said claimant.

(b) Persons who are not parties to a claim, or their attorneys or designated representatives, and who wish to inspect or obtain information from claim files may submit a request to inspect a particular file, stating the purpose for such inspection. The director may disallow such requests if the purpose of the inspection is to further commercial interests, to disseminate information to nonparties, or if the inspection does not comply with section 8-47-203.2. Any such request shall be considered and determined by the division within seventy-two hours.

(c) (I) (A) The director may permit access to other governmental entities only as required for the performance of their official duties and only if those official duties relate to enforcement of articles 40 to 47 of this title 8. As used in this subsection (1)(c)(I), "enforcement" includes duties of governmental entities involved in the administration of articles 40 to 47 of this title 8 or if such duties relate to the enforcement of child support under section 26-13-122. This subsection (1)(c)(I)(A) is not intended to restrict the rights of persons otherwise provided for in articles 40 to 47 of this title 8 to inspect and copy files.

(B) Notwithstanding any other provision of this title 8, the department of revenue may access results of an inquiry made by the division to determine whether an employer has liability pursuant to articles 22 to 29 of title 39.

(C) Notwithstanding any other provision of this title 8, the division of family and medical leave insurance may access records regarding compensability and benefit payments of workers' compensation claims for the purposes of coordinating the benefits of and otherwise enforcing article 13.3 of this title 8.

(II) The general assembly intends that any contract, agreement, or any other means to transfer information between the department of labor and employment and any other governmental entity related to access to claim files in effect prior to May 27, 1997, shall be conformed to the provisions of this paragraph (c), as amended, or terminated as authorized by law.

(III) Notwithstanding articles 40 to 47 of this title 8, the director may provide information to the Colorado uninsured employer board created in section 8-67-106, as necessary, to exercise its powers and duties.

(d) Persons entitled to review claim files may obtain copies upon payment of the fee set by the division. Such persons shall not disseminate information contained in those files except as required to resolve the claim, or as permitted by the director, or as permitted by law.

(e) Claimants may waive the protection of this statute by executing a waiver for the release of information. The waiver must be dated and will be effective for ninety days thereafter.

(2) All orders entered by the director or an administrative law judge pursuant to articles 40 to 47 of this title shall be made available by the division for inspection or copying for a fee reflecting actual costs; except that the name and other identifying information concerning the claimant and employer shall be excised.

Source: L. 90: Entire article R&RE, p. 554, § 1, effective July 1. L. 94: (2) added, pp. 1822, 1880, §§ 1, 18, effective June 1. L. 97: (1)(c) amended, p. 1091, § 1, effective May 27. L. 2004: (1)(c)(I) amended, p. 615, § 2, effective August 4. L. 2017: (1)(c)(III) added, (HB 17-1119), ch. 317, p. 1708, § 10, effective July 1. L. 2022: IP(1) and (1)(b) amended, (HB 22-1354), ch. 476, p. 3470, § 2, effective June 8. L. 2024: IP(1) and (1)(c)(I) amended, (SB 24-155), ch. 59, p. 202, § 2, effective August 7.

Editor's note: This section is similar to former § 8-45-105 as it existed prior to 1990.