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DWC's Medical-Legal Evaluation Regulations Approved

The Office of Administrative Law has approved the DWC regulations related to the medical-legal evaluation program. Of importance are the following provisions:

  • The time frame to schedule a med-legal evaluation is extended by 30 days
  • The time frame for scheduling is for both initial and subsequent evaluations
  • Allows the parties to agree that an initial evaluation can occur at any office listed with the Medical Director
  • Allows a QME or AME to reschedule an evaluation within 60 days of the date of cancellation unless the parties agree to additional time
  • Allows for remote health Med-Legal evaluations under certain circumstances
  • Provides a definition of remote health evaluations and identification of the office location when a remote evaluation is conducted.

It is also noted that the amendments to section 34 regarding electronic service have been withdrawn.  The DWC plans to initiate an additional 15-day comment period.

The regulations include the permanent adoption of emergency regulations allowing telehealth evaluation by Qualified Medical Evaluators (QMEs), and changes to the rules regarding the scheduling of QME examinations. The effective date of the updated regulations is February 2, 2023.


californialaw, workerscompensation