Med.Legal.Fee - 45 Day Comment Chart

MEDICAL LEGAL RULEMAKING COMMENTS NAME OF PERSON/ RESPONSE ACTION FEE SCHEDULE 45 DAY COMMENT PERIOD AFFILIATION Section 9795(c) ML106 should read: Fees for supplemental Judi McMahan The Division disagrees with the No action required. ML 106 medical-legal reports Bill Review Supervisor commenter that title needs to be Gregory B. Bragg and changed. The current title is Association acceptable. Written Comment December 28, 2005 Section 9793 (a) Commenter states that the opening definition Tim Nye The Division disagrees with the No action required. of what constitutes a claim does not state the Written Comment commenter that the definition is current law. Since the Supreme Court January 20, 2006 inconsistent with decisional law. decision in Honeywell, a claim requires the The proposed amendment to the actual filing of a claim form, or the regulation did not propose any communication to the employer of the desire textual change to this definition. to file a claim couple with an active attempt by the employer to suppress the filing. Mere “knowledge” by the employer of an “injury” was explicitly struck down by the court as being sufficient to trigger a claim. A claim is just that, a claim for benefits. Section 9795 (c) At a minimum, payment for services of a James E. Musick, D.C., The Division disagrees with the No action required. Relative Value ML QME under 8 CCR 9795 should be at the QME, Chairman conclusions of commenter. The 103 same ...