Workplace Culture

Colorado Bill Would Limit Surveillance of Workers Comp Claimants

By Staff Report

Feb. 17, 2010

Legislation that would restrict video surveillance of employees who have filed a workers’ compensation claim by insurers and self-insured employers has been approved by a Colorado House committee.

Colorado’s House Judiciary Committee approved H.B. 10-1012, sponsored by Democratic state Rep. Sal Pace, on a 6-4 vote last week. The bill would prohibit insurers or employers from conducting surveillance of workers’ comp claimants unless they have “a reasonable basis to suspect that the employee has committed fraud or made a material misstatement concerning the claim.”

Claimants would be allowed to ask for an expedited hearing to learn why they are being investigated and individuals conducting the surveillance would be required to respond fully to questions.

The legislation, which now goes to the Colorado House Appropriations Committee, also sets up a $1,000-a-day penalty for violations. A similar bill is pending in the Colorado Senate.

Separately, Denver-based Pinnacol Assurance, a state-created workers’ comp insurer, said in a statement Tuesday, February 16, that it is prepared to give the state $200 million to remove it from state control and become a policyholder-owned workers’ comp insurer.

Filed by Roberto Ceniceros of Business Insurance, a sister publication of Workforce Management. To comment, e-mail

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