Workers’ Compensation Case Review: Medical Experts who do a file review are not “examining physicians” and therefore do not have to simultaneously provide a report to the injured worker.

When Doctor Henry Roth performed a record review of Sally Luke’s case, he did not simultaneously send a copy of his report to her as is required of physicians who examine injured workers.  CRS §8-43-404(2).  The claimant sought to bar Dr. Roth’s report at hearing, and...