Committee approves bill letting injured workers pick accredited treating physician, with geographic limits and burden-of-proof removed

DENVER — The House Business Affairs and Labor Committee on Wednesday voted 8‑5 to advance House Bill 1,300, a measure that would let Colorado workers injured on the job designate any physician accredited by the Division of Workers' Compensation, subject to new geographic limits and other guardrails.

Representative Willeford, the bill sponsor, opened the hearing by describing the injuries of an individual named Keith and saying the measure would “give workers more choices to make decisions for themselves about the care that they need” by allowing injured workers to “choose any doctor who is accredited by the division of workers' compensation.”

The bill drew extensive testimony from both proponents and opponents. Supporters included labor unions and injured workers who described delayed care, trouble getting appropriate specialists and difficulty securing diagnostic tests under the current designated‑provider system. Erin Montgomery, president‑elect of the Workers' Compensation Education Association (WCEA), told the committee that the current system “is bogged down with litigation” and argued that allowing choice within limits would speed recoveries and returns to work. “We think injured workers should choose their own physician within some parameters, just like the rest of medicine in America works,” Montgomery said.

Opponents — including self‑insured employers, insurers and business groups — warned the bill would increase complexity, delay care in practice and raise costs, especially in rural areas. Sonia Gunther of the Workers' Comp Coalition described the state directory as “120 pages long” and warned that an injured, anxious worker in pain would find it hard to navigate. Representatives of local governments and public‑entity risk pools told the committee their data show very few requests for physician changes under the current system.

The sponsor offered two amendments during the hearing. Amendment L001 limits the authorized treating physician to one within 70 miles of the employee’s home or workplace, unless three or fewer level‑1 or level‑2 accredited providers are available within 70 miles and willing to treat the injured worker; in that narrow circumstance the radius increases to 100 miles. Representative Willeford said the change was made to address stakeholder concerns about rural access.

The sponsor also offered Amendment L002, which removes from the bill a provision that would have shifted the burden of proof on treatment disputes from the injured worker to the insurer. Representative Willeford said she removed that language after stakeholders raised concerns and pledged to continue working on it.

Both amendments were adopted without recorded opposition during the amendment phase. After closing debate, the committee voted 8‑5 to send HB 1,300 as amended to the Committee of the Whole with a favorable recommendation.

What the bill would change: Under current practice, employers or their insurers typically present an injured worker with a designated provider panel (commonly four accredited options or corporate medical providers) from which the worker chooses a treating physician. HB 1,300 would allow an injured worker to designate any physician accredited by the Division of Workers' Compensation, subject to the geographic limits adopted in L001 and the accreditation requirement the bill retains.

Arguments for and against: Proponents — including union representatives, several injured workers and claimant attorneys — said the current practice can funnel people to providers who are not a good match and can delay specialty care. “When the physician‑patient relationship has deteriorated, all of us get to choose another doctor and we think injured workers have that basic right as well,” Erin Montgomery said. Opponents — including self‑insured public entities, insurers, the Colorado Chamber and construction industry groups — warned the directory‑based choice model will be confusing, may not be maintained in real time, could delay acute care and drive up system costs. Pinnacle and other carriers told the committee their data show only a fraction of one percent of claims request provider changes, and that the current system has been updated multiple times in past stakeholder negotiations.

Process and next steps: With L002 adopted, the bill no longer contains the proposed burden‑of‑proof change that drew some of the strongest opposition. L001 creates a proximity guardrail intended to reduce travel burdens for rural workers while preserving choice where there are sufficient nearby accredited providers. The bill now moves to the Committee of the Whole for further consideration. If enacted, it would require the Division of Workers' Compensation (part of the Colorado Department of Labor and Employment) to recognize accredited level‑1 and level‑2 physicians for the purpose of designation.

Votes at a glance: The committee recorded 8 yes votes and 5 no votes to advance HB 1,300 as amended. (Roll‑call names and votes were read into the record at the close of the hearing.)

Why it matters: The measure affects Colorado’s workers' compensation system, an area that balances medical care, return‑to‑work goals and employer premiums. Supporters say broader choice will improve worker trust and speed recovery; opponents worry it will introduce administrative burdens, fragment continuity of care and produce cost pressures for employers and public entities.

The hearing record includes dozens of witnesses for and against the bill, personal accounts from injured workers who sought different providers, and repeated offers by the sponsor to continue stakeholder discussions on implementation details.