WCDefenseCA

Welcome back, dear readers!  As your humble blogger slaved away, chained to his desk, this Presidents’ Day Weekend, I was most comforted to see my emails being returned and phone calls being answered.  After all, the world of workers’ compensation does not rest, so why should we?

The DWC has released proposed regulations that would establish a fee schedule for copy services.  Now, as you may recall, this blog had the pleasure of covering this topic back in October, although many figures greeted this idea with considerable skepticism and displeasure.

The proposed regulations are actually pretty good, if you ask me (which I can only assume you would because you’re visiting this blog…).  Some gems from the proposed regulations include:

1. Barring bills for records obtained previously from the same source;
2. Barring bills for summaries, tabulations, or indexing;
3. Barring payment for copies voluntarily provided to the injured worker or his or her attorney within thirty days of a request;
4. Microfilm, and x-rays are to be paid for by the “party requiring them.”

As previously discussed, the fee for the first 500 pages would be a flat $180, with 20 cents a page after that up to $425.  Each additional set of copies ordered within 30 days of the first would be a flat $40, or $5 for “electronic” production (presumably by CD or download link).

Now, here are a couple of your humble blogger’s thoughts on the matter, since it appears that now is the time to make suggestions:

1. Before a copy service submits a bill for obtaining records or making copies for documents in the possession of the employer and/or insurer, the employee should first have to submit a written request for such records, to allow the employer to voluntarily produce the documents.  Bills for copy services will only be compensable if the subpoena is issued 30 days after the request was served.

   That way, the copy services will insist on the informal document request prior to accepting the assignment as the only way to get paid.  (See Section 9982(c)(1).)

1. The language of section 9982(e) currently holds that the costs of microfilm, x-rays, and scans are to be borne “by the party requiring them.”  Now, bear in mind, if the language stands, then your humble blogger intends to forward every copy service bill for “microfilm, x-rays, and scans” to the QME that “required” them for his or her evaluation.

   Instead, the language should reflect that the party making submitting the order to the copy service for prints of microfilm, X-ray films, and scans will bear the related expense.

What do you think, dear readers?  Do we need the “gubmn’t” to come in here and micromanage our MacroPro?  Or is it about time that someone reined in all those pirates of the Xerox machines (“Arrrrrrrr you done with the copy machine yet?”)  Shoot your humble blogger an e-mail or leave a comment.