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Employers can’t limit maintenance medical in final admissions of liability - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Employers can’t limit maintenance medical in final admissions of liability by Work Comp Central Workers Comp Coverage Mar 16, 2026 The Colorado Court of Appeals ruled that employers cannot limit maintenance medical benefits to specific treatments in a final admission of liability, even if the filing references a physician’s report recommending certain care. In Fredy Barba v. Industrial Claims Appeals Office et al., the court said state law bars employers from restricting maintenance medical benefits to particular treatments when accepting liability after a worker reaches maximum medical improvement. However, the statute does not prohibit employers from citing a physician’s report that recommends certain care. Fredy Barba injured his back in 2013 while working for Cardinal Health 200. His authorized treating physician determined he had reached maximum medical improvement in December 2015 and recommended post-MMI maintenance treatment. An independent medical examiner later confirmed the MMI finding, and the claim was closed. After receiving the recommended care, Mr. Barba later alleged his condition deteriorated and successfully reopened his claim in 2018. A subsequent independent medical examination in 2024 again placed Mr. Barba at maximum medical improvement and recommended three months of physical therapy. Cardinal Health and its insurer, XL Specialty Insurance, then filed a final admission of liability accepting $62,451 in permanent partial disability benefits and maintenance medical benefits. The form included a notation stating the admitted maintenance treatment was based on the independent medical examiner’s recommendations. Mr. Barba argued the employer and insurer violated state law by attempting to limit his maintenance benefits by tying them to the examiner’s report. An administrative law judge rejected that argument, finding the reference merely explained the basis for the employer’s admission of liability rather than limiting treatment. The Industrial Claim Appeals Panel affirmed. The Court of Appeals agreed. The court said Colorado law clearly provides that when maintenance medical care is recommended by an authorized treating physician and there is no contrary medical opinion, the employer must accept liability and cannot restrict those benefits to specific treatments. Any attempt to do so in a final admission of liability “is a nullity,” the court said. Because employers cannot legally limit maintenance benefits in an FAL, the court concluded that even if Cardinal and its insurer intended to do so, referencing the examiner’s report did not violate the statute. The court also rejected Mr. Barba’s argument that allowing such references would lead to unnecessary litigation, stating injured workers have “no reason to fear” that citing a physician’s report in an FAL will restrict future treatment. WorkCompCentral is a sister publication of Business Insurance. More stories here . 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