Rule Changes – All in Effect as of July 1, 2021.

The Division has also been busy conducting hearings on proposed Rule amendments.  A couple highlights to be aware of:

Rule 5-1(D): This codifies many of the emergency procedures used for filing during COVID, requiring electronic submission of admissions and other filings.

Rule 5-5: In cases of FALs set to admit to no impairment assigned by a treating doctor, Respondents no longer have to attach the narrative and the M-164.  Rather, now one will suffice as of July 1, 2021.  Generally, the M164 is no longer required unless such document is supplied by the treating doctor concurrently with the narrative.

Rule 6-4: Has been edited to limit the retroactive decrease of temporary benefits after an admission is filed.  A petition to suspend/modify/terminate must be filed within 30 days of the admission and cannot be used to retroactively claim a safety rule violation.

Rule 7-1(C): This will limit motions to close for failure to prosecute for six months to cases where temporary benefits are not being paid.

Rule 7-2: Removes the need to file a “Petition to Reopen” with the Division and insurer prior to filing an Application for Hearing to reopen.

Rule 18-7: will now require the use of interpreters who are certified by either the Certification Commission for Healthcare Interpreters (CCHI) or National Board of Certification for Medical Interpreters (National Board) for medical treatment appointments as of January 1, 2022.  These are limited to common languages and for medical treatment.  At this time, this rule does not apply to IMEs or vocational evaluations.

June 2021 Newsletter