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Latest News

QUALIFIED MEDICAL EVALUATOR REGULATIONS - By Debra Tobias
2023-02-08 — On 2/2/2023, the Office of Administrative Law approved the DWC’s regulations affecting Medical-Legal Evaluations which include the permanent adoption of emergency regulations (Title 8 CCR Section 31.3, 31.5, 34, 46.3) allowing telehealth evaluations by QMEs as well the rules regarding scheduling of QME appointments. The adoptive changes include the following:    EXTENDED TIME FRAME FROM 30-60 DAYS FOR INITIAL EXAMS.   The time frame to schedule an initial and…
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DWC TO EXTEND MED-LEGAL EMERGENCY REGULATION THROUGH OCT 17, 2022 - by Debra Tobias
2022-07-08 — The Division of Workers’ Compensation (DWC) has issued its notice of intent to re-adopt emergency regulation Section 46.3 (the medical-legal Emergency Regulation in response to COVID-19) to extend the effective date beyond the current expiration date of July 18, 2022 through October 17, 2022. The regulation addresses the ongoing need to allow physicians to continue to provide Telehealth evaluations and allow injured workers flexibility with evaluation locations.   You may review…
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MILEAGE RATE FOR MED & MED/LEGAL TRAVEL INCREASES - by Debra Tobias
2022-06-14 — The Division of Workers’ Compensation (DWC) is announcing the increase of the mileage rate for medical and medical-legal travel expenses by 4 cents to 62.5 cents per mile effective July 1, 2022. This rate must be paid for travel on or after July 1, 2022 regardless of the date of injury. Read the official announcement here:  https://www.dir.ca.gov/DIRNews/2022/2022-47.html
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CALIFORNIA COMMITTEES ADVANCE WORKERS’ COMP BILLS - by Debra Tobias
2022-05-23 — Last week the Senate Appropriations Committee voted 5-1 to pass SB 1127, which would reduce the time employers have to accept liability for a claim and would create a $100,000 penalty for unreasonably denying some claims by first responders. SB 1127 will amend Sections 3761, 4656, and 5402 of, and add Section 5414.3 to, the Labor Code, relating to workers’ compensation. Existing law requires an injured employee to file a claim form with the employer, and, except for specified injuries, if…
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NEW CMS GUIDELINES REGARDING NON-SUBMIT MSAs
2022-02-21 — The new Centers for Medicare and Medicaid Services (CMS) Guidelines that just came out on January 10, 2022 took aim at Non-Submit Medicare Set-Asides (MSA). CMS has for the first time seemingly taken a position on the use of Non-Submit practices. CMS has indicated that from its view these allocations may “potentially” be viewed as an improper shift of the claimant’s future medical treatment to Medicare in contravention of 42 C.F.R. 411.46. Further, and significantly, CMS seems…
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DWC Announces Return to Virtual Hearings
2022-01-11 — https://www.dir.ca.gov/DIRNews/2022/2022-05.html
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