SHARE:  

EMERGENCY MEDICAL-LEGAL EVALUATION REGULATIONS BECOME PERMANENT


The COVID-era emergency regulations regarding medical-legal evaluations became permanent with the approval by the Office of Administrative Law (OAL) effectively on February 2, 2023. While most of the original regulations remain intact, some subtle changes include:

a) §31.3(e): Extends the time frame for the initial exam by 30 days (90 days from date of request, 120 days if authorized by the scheduling party, or beyond 120 days if agreed to by both parties).

b) §31.3(f): The scheduling timeframes also applies to subsequent evaluations.

c) §34(b): Parties can agree for the initial (or any) exam to occur at any of QME's offices that are listed with the DWC Medical Director.

d) §34(e): AME/QME can reschedule an exam within 60 days of cancellation (as oppose to the previous 30 days) or longer if agreed upon by the parties.

e) §46.3: Remote Health (formerly called telehealth) is allowed when both parties can visually see and hear each other, complies with state and federal laws, a hands on physical exam is not needed, and otherwise meets all four of these conditions: 1) Medical dispute involving aoe/coe, ending TD benefits, or work restrictions; 2) All parties agree; 3) Exam is done consistently with AMA Guides 5th edition; and 4) QME attests in writing the exam does not require an in-person physical exam.

[COMMENT: The DWC withdrew proposed amendments to Section 34 pertaining to electronic service, which are being modified and will be resubmitted.]

YEAR-END VENDOR SUSPENSIONS


The DWC was busy in November and December 2022 as they delivered coal to the stockings of over 60 providers who were suspended from the workers' compensation system, pending right to file an appeal.


The most well known providers who were issued suspension notices include C&E Technology, Professional Docs Management, Vital Imaging et al, Advance Mobile Medical, Crescent Diagnostic, Rudolph Multi-Specialty, Sunrise Diagnostic, Cardio Vascular Plus, Montgomery Chiropractic, Poohandeh Chiropractic Inc., Concierge Compounding Pharmaceuticals Inc., New Age Pharmaceutical Inc., vocational counselor Sarvia O. Lopez, and applicant's attorney Jon Woods.



[COMMENTS: Specific information on the suspensions and any filed appeals can be found on the DWC website under "Suspension Activities".]

DWC EDUCATIONAL CONFERENCE


The 30th Annual DWC Educational Conference will be held in-person this year on March 9-10, 2023 in Oakland and March 23-24, 2023 in Los Angeles. This is considered one of the premier workers' compensation conferences in California with insights provided by attorneys, doctors and WCAB insiders. The HEWS Firm is a proud sponsor of this important event.


HEWS NEWS:


HEWS President H. Neal Wells IV has been awarded the "SUPERLAWYER" designation for the 7th time by LA Magazine. For 2023, Wells was one of only five (5) workers' compensation defense attorneys in Southern California to receive this recognition.


February Employee Anniversaries:

Bonnie Liska (Billing Dept.) originally hired in 2007.


Main Contributor: H. Neal Wells IV

Editorial Staff: Lynn P. Peterson

and Ari L. Emurian


HEW&S OFFICES: COVERING ALL OF CALIFORNIA
  • San Bernardino (909) 890-0403 (sbr@hmplc.com)
  • Orange County (949) 250-1216 (ana@hmplc.com)
  • Glendale (818) 265-0940 (cxr@hmplc.com)
  • Calabasas (818) 348-8366 (cls@hmplc.com)


www.hmplc.com

The above is for informational purposes only, and not intended to constitute legal advice.