Communications / Technical Issues / Technical Issue

AD Confirms That PD Notices Are Not Required For Most Med-Only Claims

Date: 12/17/2009

Dale Clough, Senior Compliance Consultant at Travelers Insurance, who chairs the CWCI Claims Committee and the American Insurance Association’s California Workers’ Compensation Regulatory Subcommittee was recently advised by DWC Acting Administrative Director Carrie Nevans that Permanent Disability notices are NOT required on medical-only claims unless the existence, potential existence or non-existence of PD is raised as an issue in the medical reports.

This position is contrary to that which was taken by DWC Audit Unit Manager Christine King and DWC Counsel Jim Robbins, as noted at CWCI’s 2009 Regulatory Update Seminars in October.

Because of the confusion surrounding the issue, yesterday Mr. Clough obtained an email confirmation from Ms. Nevans. For your reference, the email exchange is shown below. The Institute thanks Mr. Clough for making this information available.

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From: Nevans, Carrie@DIR
Sent: Wednesday, December 16, 2009 2:52 PM
To: Clough,Dale M
Subject: RE: Medical-Only Claims

correct

________________________________________
From: Clough,Dale M
Sent: Wednesday, December 16, 2009 2:43 PM
To: Nevans, Carrie@DIR
Subject: Medical-Only Claims

Hi Carrie,

I sincerely appreciate your allowing me to participate in yesterday’s PBN Advisory Committee meeting. I just wanted to follow up on our conversation and confirm that, currently, PD notices are not required on medical-only claims unless PD is raised as an issue (either existing, potentially existing, or non-existing) in the medical reports.

Thanks,

Dale Clough
Travelers Insurance
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BR/by