DWC Issues Notice to Re-Adopt Emergency Regulation for Medical-Legal Evaluations and Reporting during COVID-19
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. This is DWC’s second and final re-adoption in accordance with Government Code section 11346.1(h).
The re-adoption of the emergency regulations will continue to help injured workers and employers move their workers’ compensation claims toward a resolution and avoid undue delay. These regulations address how a medical-legal evaluation may proceed and provide alternatives for service of required forms for a medical-legal evaluation and report.
The re-adoption of the emergency regulations will be filed with the state’s Office of Administrative Law (OAL) on September 20, 2021. The regulations to be filed with OAL can be found on the DWC website.
Upon OAL approval and filing with the Secretary of State, the regulations are effective for an additional 90 days. For information on the OAL procedure, and to learn how you may comment on the emergency regulations, go to OAL’s website.A notice will be posted at the DWC website when the re-adoption is approved.