California’s Department of Industrial Relations (DIR) Division of Workers’ Compensation (DWC) has issued a Notice of Emergency Regulation Re-Adoption, extending sections 46.2 and 36.7 for an additional 90 days past the October 12, 2021 end date. This second extension of the regulations in response to the ongoing COVID-19 epidemic is final, per Government Code section 11346.1(h). The regulations were first extended in March of 2021. Any further extensions would require a new passage of the emergency measures.
As previously noted, these regulations assist injured workers and employers in resolving workers’ compensation claims during the ongoing health crisis. The regulations also help avoid additional and undue delay for these claims by addressing how medical-legal evaluations may proceed during the pandemic, and provide alternative means for service of required forms related to medical-legal evaluations and reports.
According to the DIR notice, the re-adoption will be filed with the state’s Office of Administrative Law (OAL) on September 20, 2021, and a notice will be posted when the re-adoption is approved.
The full text of the rules can be found here. SRTK will continue to monitor this development and provide updates as available. Please contact our offices with any questions.