DWC Issues Notice of Public Hearing on November 15 for Adoption of Remote Health and Amendments to QME Scheduling Regulations
The Division of Workers’ Compensation (DWC) has issued a notice of public hearing for the adoption of the following: regulation section 46.3 Remote Health Medical-Legal Evaluations and amendments to regulation sections 31.3 Scheduling Appointment with Panel QME, 31.5 QME Replacement Requests and form, 34 Appointment Notification and Cancellation and form 108.
The proposed adoption and amendments to the regulations include but are not limited to the following:
- Extends the time frame to schedule a medical-legal evaluation by an additional 30 days.
- Clarifies that the time frame for scheduling an evaluation is for both initial and subsequent evaluations.
- Updates to allow for electronic service of documents.
- Provides flexibility if the parties agree so that an initial evaluation can occur at any office listed with the medical director.
- Deletes reference to Agreed Panel QME to be consistent with Labor Code section 4062.2(c).
- Provides for a QME or AME to reschedule an evaluation within 60 days of the date of the cancellation unless the parties agree beyond the 60 days.
- Provides a mechanism for Remote Health Medical-legal evaluations if specific criteria are met.
- Provides a definition of remote health evaluations and identification of office location when a remote health evaluation is conducted.
The implementation of these regulations is anticipated to reduce delays by providing flexibility in examination location and in scheduling.
Members of the public may attend the in-person public hearing on Tuesday, November 15, 2022 at 12 p.m. at the:
Elihu Harris State Office Building – Auditorium
1515 Clay Street
Oakland, CA 94612
Written public comments can be submitted via US mail, facsimile transmission (FAX) or by email until the end of the day on Tuesday, November 15, 2022 to the attention of:
Maureen Gray, Regulations Coordinator
Department of Industrial Relations
P.O. Box 420603
San Francisco, CA 94142
Fax: (510) 286-0687
DWC will consider all public comments. The notice of rulemaking, text of the regulations, and the initial statement of reasons can be found on the DIR website.