NEW WORK COMP LAWS FOR 2023


PRESUMPTIONS: Time to deny a claim was decreased from 90 days to 75 days for first responder related presumptions under LC 3212-3213.2. (LC 5402)


LCSW: Licensed Clinical Social Workers can provide medical treatment and included in MPNs starting 1/1/23, but cannot determine disability. (LC 3209.11)


INDEMNITY PAYMENTS: Use of pre-paid debits cards to pay indemnity has been extended to 1/1/2024. (LC 4651)


MED-LEGAL: Emergency Reg 46.3 allowing use of tele-health exams and flexibility in office locations due to COVID-19 is extended for the last time to 1/18/2023. [Supposedly DWC is working to make the regulation permanent.]


MSC: Parties are required to "meet and confer" before a MSC occurs (AD 10759)


CONTRACTORS: All licensed concrete, heating, HVAC, asbestos abatement and tree service contractors must have work comp insurance regardless if claim to have no employees. (BP 7125)



PEST: Exterminators are required to file proof of work comp insurance with the CA Pest Control Board, unless claiming to have no employees. (BP 8693)

CA MINIMUM WAGE INCREASE


Effective 1/1/2023 the minimum wage for all employers increases to $15.50 per hour.


Because of the change in the minimum wage, any injured worker presently receiving TD benefits based upon an hourly rate under $15.50 per hour will be entitled to an increased TD rate based upon hours worked x $15.50 per hour.


[COMMENT: Defense also needs to be aware that under the "two year rule" that workers who were injured more than two years ago who are presently getting paid at the 2022 minimum TD rate will be entitled to the new minimum TD rate ($242.86) effective on 1/1/2023.]



2023 TRAVEL MILEAGE RATE


Effective 1/1/2023 the mileage rate for travel expenses (for both medical and medical-legal) will increase to 65.5 cents per mile.


This represents the third increase in 12 months, having increased to 58.5 cents on 1/1/2022, to 62.5 cents per mile on

7/1/2022, and now 65.5 cents per mile on 1/1/2023.


HEWS NEWS:


January Employee Anniversaries:

Congratulations and thank you to the Glendale Office staff of Lynn P. Peterson, Dawn W. Wilson, Cecilia Redondo, and Shawn Gonzalez who have been with the HEWS Firm for two (2) years.


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)
  • San Diego (858) 753-1984 (sdo@hmplc.com)

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