WCDefenseCA

Alright dear readers! We made it to Friday once again.  Before we shut off our brains and enjoy the weekend, how about a quick blog post?

Back in March the Department of Industrial Relations issued new regulations in response to the COVID-19 pandemic, increasing the time limits of QMEs to produce reports, schedule exams, and also providing guidance on how to conduct (or object to) QME exams using tele-medicine rather than in-person examinations.

Those were set to expire on October 12, 2021, but were extended for an additional 90 days as, quelle surprise, the emergency continued.  The extension was set to expire on January 10, 2022, and Government Code section 11346.1(h) limited re-adoption to a maximum of 180 days from when emergency regulations were first adopted.

However, this DIR Newsline from January 19, 2022, reports that effective January 18,2022, a fresh set of emergency regulations were adopted.   The current regulations allow med-legal evaluations through tele-health medicine where the following terms are met:

• There is a medical issue in dispute, specifically AOE/COE, termination of indemnity benefits or work restrictions;
• The parties agree to a telehealth evaluation, and refusal to agree can be the subject of a Declaration of Readiness to Proceed;
• The QME and the relevant medical licensing board agree the evaluation is conducted in a manner consistent with ethical medical practices; and
• The QME attests in writing that the evaluation does not require an in-person physical exam.

Also, the tele-medicine must have a video component.  Audio-only is insufficient.

Finally, the initial medical evaluation will be “located” at the QME office listed on the panel.

The emergency continues, dear readers, and we are almost at year two of said emergency.  Have a great weekend!