Covid-19 Resources: California

The Division of Workers’ Compensation (DWC) issued its Notice of Emergency Regulation Re-Adoption of Regulations Sections 46.2 and 36.7 for medical-legal evaluations and reporting. The emergency regulations are set to expire on October 12, 2021, and re-adoption would extend the emergency regulations for an additional 90 days. The re-adoption of the emergency regulations will be filed with the state’s Office of Administrative Law (OAL) on September 20, 2021. Upon OAL approval and filing with the Secretary of State, the regulations are effective for an additional 90 days.

§46.2.  QME Emergency Regulation in Response to COVID-19 provides that the panel QME or AME may schedule the medical legal appointment within 90 days of the date of the appointment request, (rather than 60 days) and that party may waive the right to a replacement QME in order to accept an appointment that is no more than 120 days after the date of the party's initial appointment request. The section also states that all of the time periods enumerated in section 38 of Title 8 of the California Code of Regulations are extended by a period of 15 days; and a QME or AME may complete a medical-legal evaluation through telehealth when a physical examination is not necessary.   

§36.7. QME Electronic Service Emergency Regulation in Response to COVID-19 provides that medical-legal reports may be served electronically where the parties agree and a written confirmation of that agreement is made.

§46.2 to read more, click here

§36.7 to read more, click here