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The Division of Workers’ Compensation (DWC) issued its Notice of Emergency Regulatory Action to address the ongoing need for medical-legal evaluations and to prevent a backlog of medical-legal evaluations resulting from stay-at-home orders throughout the state.

These emergency regulations will help injured workers and employers continue to move their workers’ compensation claims towards a resolution and avoid additional and undue delay.

The regulations concern how medical-legal evaluations and payment for those evaluations can occur during this emergency period. Also provided in the regulations are alternative forms of service for required forms related to medical-legal evaluations and reports.

Proposed QME Regulation 36.7 specifies how and under what circumstances the parties may serve documents electronically.

Proposed QME Regulation 78 specifies how and under what circumstances QME, AME and other evaluations may be conducted by telehealth.

The emergency regulations will be filed with the state’s Office of Administrative Law (OAL) on May 4, 2020 and can be found on the DWC website.

OAL has up to 10 days to consider and approve emergency rules. Upon OAL approval and filing with the Secretary of State, such regulations are effective for 180 days.

If during this 180-day period the Division determines the need to readopt the emergency regulations, it may do so for an additional 90 days. For information on the OAL emergency regulatory procedures and to learn how you may comment on these emergency regulations, please visit OAL’s website.

A notice will be posted on the DWC website when these emergency regulations become effective.