The Audit Unit of theDivision of Workers' Compensation (DWC)has completed its revision of theBenefit Notice Manualcontaining the sample benefit notices.
The benefit notice regulations take effect on January 1, 2016. The Division cautions the claims community that the revised notices may not be used before that date.
DWC thanked the workers' compensation community for its suggestions, which improved the quality and clarity of the benefit notices.
The "safe harbor" provision of Title 8, California Code of Regulations, section 9810(f) provides that "Benefit notices using the sample notices devised by the Administrative Director and available on the Division's website are presumed to be adequate notice to the employee and, unless modified, shall not be subject to audit penalties."
The revisions to the recently approved benefit notice regulations include:
Elimination of the requirement to provide Fact Sheets as attachments to noticesReduction of the requirement to provide a QME panel request form with noticesElimination of the warning notice language at the top of noticesAllowance for employees and their attorneys to choose to receive electronic service of notices.