Bill
SB 186
Updates to allow electronic filing and service in workers’ comp cases, enabling electronic notices, filings, expedited hearings, and streamlined IME and settlement processes.
SB 186 (2026A) — Update Workers' Compensation Statutes to Allow Electronic Filing (Colorado)
Purpose and intent
- Modernize the Colorado Workers’ Compensation Act to reflect changes in technology and electronic filing capabilities.
- Expand definitions and current procedures to accommodate electronic service, filing, and communication with the Division of Workers’ Compensation.
Key provisions and changes
- Definitions updated (8-40-201):
- 10.5, 11.3, 17.5 additions:
- “Filing” = service of a document with the Division or with a court.
- “Mailed” or “Mailing” = service by any means, including email or the Division’s electronic filing system.
- “Service” or “Serve” = providing a copy of a document to all required parties by physical or electronic means, including electronic filing via the Division.
- Expedited processes and notices (8-41-202; 8-43-103; 8-43-104):
- Employers, carriers, or self-insured employers may elect for expedited hearings on contest of liability; timelines remain, including a hearing within 60 days after application (subject to extensions).
- Notice and service can be electronic; notices of contest may be filed electronically if not exempted.
- If liability is admitted or contested, timelines for payments and hearings adjust accordingly.
- Independent Medical Examiner (IME) selection (8-42-107.2):
- If parties cannot agree on an IME, the Division will select a three-physician panel via a revolving process; panel names remain confidential until IME is chosen.
- The requesting party can strike one physician; the other party can strike one; remaining physician conducts the IME.
- Lasers in records timing: carriers must provide all relevant medical records to the IME at least 14 days prior; claimant can submit records if the carrier is late; rescheduling allowed.
- Notice of injury and filings (8-43-103; 8-43-104):
- Notice requirements retained but can be delivered electronically; initial notices and claims filings may be sent electronically unless exempted.
- Division can reject filings for technical errors without invalidating proper service, provided proper service to the claimant is maintained.
- Claims processing and rights brochures (8-43-203):
- Requires a brochure explaining claims process and rights to be provided; if the claimant has authorized electronic communication, the brochure may be delivered electronically.
- Expanded disclosures regarding final admissions, hearings, and the claimant’s rights to contest.
- Settlement and document handling (8-43-204):
- Settlement documents can be submitted and mailed electronically for approval.
- Division must electronically mail or serve orders approving settlements to counsel of record or the insurer/self-insured employer.
- Discovery, hearings, and review processes (8-43-207; 8-43-211; 8-43-301, 8-43-302):
- Administrative flexibility for discovery and prehearing conferences; extensions of time allowed.
- Notice for hearings can be sent at least 30 days prior via regular or electronic mail, or other electronic means.
- Petitions to review and panel orders can be filed by electronic means; timelines for transcripts, briefs, and service clarified.
- Miscellaneous statutory cleanups:
- Several sections align service and notice language with electronic filing norms, ensuring electronic service is valid if properly delivered.
- Revisions to certain sections regarding default investigations, utilization review funding, and minor technical corrections to ensure compatibility with electronic workflows.
Who is affected
- Employers, insurance carriers, and self-insured employers: new electronic filing and service options; expedited hearing options; IME selection processes.
- Claimants/injured workers: electronic access to notices, filings, and claims documents; updated rights disclosures; improved access to claim files.
- Division of Workers’ Compensation: administration and rules development to implement electronic system workflows and confidentiality protections for IME panels.
- Attorneys and representatives: electronic submission of settlements, notices, and petitions; updated discovery and hearing procedures.
Procedural and timeline aspects
- Effective date: act becomes law 90 days after final adjournment (late August 2026) unless a referendum delays its effect; if a referendum is filed, it becomes effective only if approved by voters in November 2026.
- Electronic filing readiness: many notices, filings, and service are explicitly permitted or required to be electronic, with technical rejection handling preserved but not undermining notice validity.
- Expedited hearings: preserved timelines (e.g., hearing within 60 days of the application; extensions allowed), with electronic notice and filing options.
Effective scope
- The bill primarily updates the Workers’ Compensation Act to modernize filing and service methods, while preserving core rights, timelines, and procedural structures. It emphasizes electronic processes for efficiency and timely communications between all parties.
Note
- This summary reflects the introduced version. If amended, final provisions could differ in enacted text.
Compiled from official sources — confirm details with the bill’s official record.
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