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Workers Compensation Emergency Regulation Authorizing Electronic Service of Med-Legal Reports Set to Expire

Title 8, California Code of Regulations (CCR) section 36.7 is set to expire Friday, February 25, 2022. The Division of Industrial Relations is in the process of formulating a permanent standard for med-legal reports and documents.  These changes will require a 15-day public notice and comment period. 

In its current form, CCR section 36.7 allows for the replacement of mandatory Form 122 (AME or QME Declaration of Service of Medical-Legal Report, CCR 122) with an Affidavit of Proof of Electronic Service.  This Affidavit requires, among other things, disclosure of the person’s name making the service, service the same day in the ordinary course of business and a signature under the penalty of perjury.  The regulation also requires the physician to maintain an original copy of the documents electronically served. 

The division in May 2020 adopted the emergency rule in response to the COVID-19 pandemic. As part of the process to make the rule permanent, the DWC hosted a public hearing and comment period on proposed regulations in December. “DWC is working with the Office of Administrative Law to make changes and updates to Regulation 36.7,” the division said in a statement. “These changes will require a 15-day public notice and comment period. DWC intends to pursue these updates.” While the division is pursuing permanent rulemaking, medical-legal reports and documents will have to be served as required in Regulation 36.

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workerscompensation, californialaw, hannabrophy