The California Division of Workers’ Compensation (DWC) announced on Wednesday that it has adopted a new rule that allows for medical legal reports to be served electronically.
Here’s what you need to keep in mind:
- Electronic service is allowed only when the parties agree and written confirmation exists.
- At the time of giving written consent to electronic service, the party has to provide an electronic address for the purpose of electronic service.
- If the electronic address of a party changes, that party has the obligation to file a notice of change of address with all parties.
- Service is complete at the time of transmission.
- According to the DWC, “Any period of notice and any right or duty to act or make any response within any period or on a date certain after service of the document, shall be extended by two business days.”
- For the electronic service of medical-legal reports, the mandatory form 122 (AME or QME Declaration of Service of Medical-Legal Report) may be replaced by an Affidavit of Proof of Electronic Service
- The Affidavit of Proof of Electronic Service must state the following:
- The exact title of the document served.
- The name and residence or business address of the person making the service.
- That he or she is a resident of, or employed in, the county where the electronic service occurs.
- That he or she is over the age of 18 years.
- That he or she is readily familiar with the business’ practice for serving electronically.
- That the document would be electronically served that same day in the ordinary course of business following ordinary business practices.
- The electronic service address and the residence or business address of the person making the electronic service.
- The date of electronic service.
- The name and electronic service address of the person or entity served.
- A statement that the document was served electronically.
- The Affidavit of Proof of Electronic Service must be signed under penalty of perjury under the laws of the State of California
- The physician has to maintain an original copy of all documents electronically served. These documents must contain an original signature.
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