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Release Number: 2022-80
Date: October 3, 2022

DWC Issues Notice of Emergency Regulation § 46.3 Second Re-Adoption

The Division of Workers’ Compensation (DWC) issued its notice of intent to re-adopt emergency regulation Section 46.3 to extend the effective date of the regulation beyond the current expiration date of October 18, 2022.

This regulation addresses the ongoing need for telehealth medical-legal evaluations and office location flexibility resulting from various state and local public health safety measures related to COVID-19. These emergency regulations provide flexibility to help injured workers and employers continue to move their workers’ compensation claims towards a resolution.

The Notice, Finding of Emergency and text of the regulations to extend the effective date of these emergency regulations will be filed for review with the state Office of Administrative Law (OAL) on October 7, 2022. The documents 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. This is DWC’s second and final re-adoption.

The Division has commenced rulemaking to make this regulation permanent. These documents can be found on the DWC website.

For information on the OAL procedure, and to learn how you may comment on the emergency regulations, go to the OAL’s website.

A notice will be posted at the DWC website when the re-adoption is approved.