[AHS]

Good day,

First I'd like to say hello I'm new here on the forum.

I have a question about the rights of the worker comp carrier to make me submit to what I believe is called a return to work evaluation.
Must I by law submit to any return to work evaluation?

This case is in Colorado.

Thank you for any help.

[aaron]

If you refuse to cooperate with evaluations to determine if you are fit to return to work, you risk having your benefits terminated.

What is your objection? If, for example, it's that they're trying to send you to a doctor every few weeks, despite having no reason to believe that your condition has changed, you may be able to avoid the evaluation.

[AHS]

Well the reason I do not wish to do the evaluation is this case is now entering its 4th year. I have jumped through every hoop the carrier has asked me too.
I have been to several IME and DIME exams which all say about the same thing. I am 20-25% whole body disabled depending on the doctor.
I paid to have an evaluation done by an independent firm but now the carrier says it needs one done by them.

I feel this evaluation is in fact just another stall by the carrier.

Thanks for the reply, but I need to know if by law I need to do the evaluation or if I can tell them to jam it and drag this case to court already.
I have just had enough of the carriers games and feel nothing short of court will get the case closed.

Thanks again.

[Mr. Knowitall]

You can read the statutes here [PDF]. This clause appears relevant:

(3) So long as the employee, after written request by the employer or insurer, refuses to submit to medical examination or vocational evaluation or in any way obstructs the same, all right to collect, or to begin or maintain any proceeding for the collection of, compensation shall be suspended. If the employee refuses to submit to such examination after direction by the director or any agent, referee, or administrative law judge of the division appointed pursuant to section 8-43-208 (1) or in any way obstructs the same, all right to weekly indemnity which accrues and becomes payable during the period of such refusal or obstruction shall be barred. If any employee persists in any unsanitary or injurious practice which tends to imperil or retard recovery or refuses to submit to such medical or surgical treatment or vocational evaluation as is reasonably essential to promote recovery, the director shall have the discretion to reduce or suspend the compensation of any such injured employee.

[AHS]

Thank you for that information. That's just what I was looking for.
Seeing as I have not received benefits since last May the threat of loosing those is mute.
But I do get the long term result of not doing the evaluation. Again, I see this as another way the carrier can drag this case out.

Thank you.