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Release Number: 2022-22
Date: February 28, 2022

DWC Issues Notice of 15 Day Public Comment Period for QME Electronic Service Regulation Section 36.7

The Division of Workers Compensation (DWC) has issued a notice of public comment period beginning on February 28, 2022 for the adoption of California Code of Regulations, title 8, section 36.7: Electronic Service of Medical-Legal Reports by Medical Evaluators.

The proposed adoption makes permanent the emergency regulation that was adopted in May 2020 and expired on February 18, 2022. The adoption of regulation section 36.7 provides a mechanism for electronic service of medical-legal reports and all documents required by regulation section 36.

On December 17, 2021, DWC held a public hearing and received public comments on the adoption of Regulation 36.7. Based on the comments received, DWC proposes to update the regulation to provide that a party whose electronic address has changed has the obligation to file a notice of change of address with the physician and all parties.

DWC has also issued an Addendum to the Initial Statement of Reasons to provide an update of the sources relied upon, impact on business, necessity for the regulation and alternative considerations.

DWC will consider all public comments. The 15 day notice of rulemaking, text of the regulations, and the Addendum to the Initial Statement of Reasons can be found on the DWC rulemaking page.

Written comments should be addressed to:

Maureen Gray, regulations coordinator
Department of Industrial Relations
Division of Workers' Compensation
1515 Clay Street, 18th floor
Oakland, CA 94612

The division’s contact person must receive all written comments concerning the proposed modification to the regulations no later than March 15, 2022. Written comments may be submitted by facsimile transmission (FAX), addressed to the contact person at (510) 286-0687. Written comments may also be sent electronically (via e-mail), using the following e-mail address: dwcrules@dir.ca.gov.