Governor Polis Signs Workers’ Compensation Physician Choice Bill (HB25-1300) to Take Effect January 1, 2028

Published 8/13/2025

This Blog Post is to advise CIRSA Workers’ Compensation Pool members and other interested parties of the status of House Bill 25-1300, the Workers’ Compensation Benefits Proof of Entitlement bill (“HB 1300” or “the Bill”).

Governor Polis signed HB 1300 into law on June 4, 2025. As passed, the Bill has a January 1, 2028, effective date, and applies to workers’ compensation claims filed on or after that date.

The most prominent amendment to the Workers’ Compensation Act (“Act”) made by HB 1300 is to fundamentally change the rules for selection of the authorized treating physician (ATP) in workers’ compensation cases. The Bill replaces the current employer right to designate a list of four or more physicians from whom the employee selects an ATP with a right for the employee to select any Level I or Level II physician accredited by the Division of Workers’ Compensation (“DOWC”). The DOWC currently maintains a directory of approximately 1,000 accredited physicians/providers.

In addition, HB 1300 extends certain timelines for changes of physicians, allowing an employee to make a change later in the life of their workers’ compensation claim. The Bill also adds language to the Act expressly stating that employers and insurers must use the DOWC utilization standards when responding to requests for treatment authorization from a treating physician. Lastly, the Bill appears to eliminate the ability for employers with qualified onsite healthcare facilities to designate them as ATPs.

During the final days of the legislative session, the Bill was amended to delay its implementation from 2026 to 2028. While CIRSA and other stakeholders requested Governor Polis veto the Bill, ultimately, he signed it on June 4. In his accompanying signing statement, Governor Polis called for the creation of a working group
of stakeholders to develop recommendations around implementation of the Bill and legislation for the 2026 session. He noted the delayed effective date provides ample opportunity for action to address implementation issues.

Among other topics, Governor Polis stated the working group should consider and address the following:

Further clarifying the permissibility of in-house clinics that employ level I or level II accredited physicians as an option available to injured workers;
Clarifying that nothing precludes an employer or insurer from selecting any number of level I or level II accredited physicians to provide as a list of recommendations;
The functionality of the DOWC’s provider directory and clarifications around appropriate provider types to serve as a designated provider;
The accreditation process for providers; and
Clarification of any timelines, as needed to ensure workers receive prompt care.

CIRSA will be working with its lobbyist to participate in and track the efforts of the working group called for by the Governor and will provide further updates and information to members as we work toward the effective date of the Bill.

If you have questions about this article, contact CIRSA’s Deputy Executive Director/ General Counsel, Sam Light at saml@cirsa.org, or CIRSA’s Associate General Counsel, Nick Cotton-Baez at nickc@cirsa.org.

Note: This article is intended for general information purposes only and is not intended or to be construed as legal advice on any specific issue. Readers should consult with their entity’s own counsel for legal advice on specific issues.

Workers’ Compensation Alert – New Injury Notice Requirements Effective August 10, 2022

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Governor Polis recently signed House Bill 22-1112, which implements changes to the notice requirements for workers’ compensation injuries. The changes go into effect on August 10, 2022 and will affect CIRSA’s workers’ compensation pool members.

CIRSA has outlined below the key changes in notice requirements made under House Bill 22-1112. The below also provides suggestions regarding best practices to ensure compliance with the new provisions.

House Bill 22-1112 and Workers’ Compensation Rule of Procedure 3-6

House Bill 22-1112 and Workers’ Compensation Rule of Procedure Rule 3-6 will amend the process regarding how an employee reports a work-related incident to an employer and the notice which must be provided by the employer.

Time frame for the employee to report is extended to 10 days

House Bill 22-1112 extends the time frame for an employee to report a work-related injury, in writing, to his/her employer from four to 10 days.

Affixing the date and time of the receipt on the notice and providing a copy to the employee

The revised statute also requires that when an employer receives written notice of an injury from the employee, the employer is to:

Affix the date and time of the receipt on the notice.
Make a copy of the notice affixed with the date and time available to the employee within seven (7) days after the employer receives the notice.
If the employer fails to provide a copy of the notice to the employee, the period allotted to the employee for reporting is tolled until the notice is provided.

In short, the statute will now require the employer provide the employee with date and time stamped copy of their notice of injury. Therefore, CIRSA recommends that the employer develop a procedure for processing the written notice provided by the employee. CIRSA further recommends that the employer implement a clearly defined protocol, with appropriate training of individuals designated by the employer to receive notice of an injury.

Notice regarding reporting injuries must now be posted on revised form provided by CIRSA

The new Rule 3-6 requires that the Division’s Form WC 50 must be displayed by all employers in one or more conspicuous places at all the employer’s work sites at all times. Form WC 50 replaces both the current WC 49 and WC 50 as both are consolidated into one form (the new WC Form 50).
The new Rule 3-6 also requires the insurer to supply all of its insured employers with the revised Form WC 50. CIRSA will be mailing new WC Form 50 posters to all of its Workers’ Compensation pool members prior to the August 10, 2022 effective date of the new provisions.
If the employer does not display the new WC Form 50, the employee’s time frame to report the injury is tolled until such notice is displayed. Therefore, it is very important to follow the law and prominently display the Form WC 50.

What if the employer has actual notice of the injury?

The Act still provides that if the employer displays the statutory notice of the employee’s requirements for reporting injuries (Form WC 50) and the injury was not timely reported by the employee, then the employee could lose up to one day’s compensation for each day he/she failed to report the injury.

However, the House Bill 22-1112 changes now provide that the employee is not subject to this potential loss of compensation if the employer had actual notice of the injury, or the employee shows good cause for the failure to report the injury.

Therefore, CIRSA stresses that even if the Form WC 50 is appropriately displayed, the employer must properly report to CIRSA any injury of which the employer has actual notice.

You can view the complete text of House Bill 22-1112 here. You can also view here the Division’s rulemaking page for the recent changes to Rule 3-6, which includes links to blackline and final versions of the new Rule.

If you are a CIRSA Workers’ Compensation pool member and have any questions for CIRSA regarding the new notice and posting requirements please contact Marla Myers, WC Claims Supervisor at marla@cirsa.org.

This article was prepared by Pollart Miller LLC, a member of CIRSA’s workers’ compensation defense panel.