Block Letters
Block Letters

According to a recent DIR news bulletin on November 17, 2008 the new WCAB Rules of Practice and Procedure were approved by the Office of Administrative Law and filed with the Secretary of the State and (apparently) made effective that same day.  If you haven’t already reviewed the new regulations, now’s a good time.  You can check them using the above links or download it here:

New WCAB Rules of Practice and Procedure (Effective 11-17-2008)

Since the new WCAB rules became effective, the new EAMS forms are now mandatory.  The exceptions named in the above bulletin are:

  • There will be a four-week “transition period” in effect through December 12, 2008 during which the “legacy” ((Read: non-EAMS)) forms will still be accepted.
  • Forms requiring multiple signatures will be accepted in “legacy” form as long as the filer establishes that circulation began prior to November 17, 2008.  ((I suppose the easiest way to demonstrate this is to point out that at least one of the signatures was dated prior to 11/17/2008.))
  • Unrepresented injured workers will be allowed until February 17, 2009 to use “legacy” forms.
  • Unrepresented injured workers who do not have access to a computer or typewriter will be allowed to fill in the new OCR forms by printing using block letters. ((Though, I suppose printing clearly in all-capital letters migh work better…)) ((Photo courtesy of Thomas Hawk.))

Did you know there’s a handbook for the new Optical Character Recognition EAMS forms?  You can check it out here or download it here:

EAMS OCR Handbook (Rev. 11-24-2008)

I received a few handouts regarding the new EAMS system while at the San Francisco WCAB yesterday. The WCAB SFO only had a limited number of these documents, so I’ve scanned my copy for everyone else’s benefit.

I also learned some interesting things about EAMS:

  1. Everyone knows that EAMS and the WCAB will reject your filings if you’re not registered with EAMS. Did you know that the Judges aren’t sure if EAMS will reject your filings if the employer is not registered?
  2. If a party brings physical paper exhibits, Judges will only be accepting the most important documents for filing (since the WCAB will be doing the scanning)
    • The parties will be expected to bring any possibly relevant exhibits. Any documents not accepted will be returned to the parties or shredded.
    • Judges will mainly be accepting just permanent and stationary reports.
  3. A party bringing a CD burned with scanned exhibits, will need to submit all medical files and documents which are typically required to be filed with the WCAB.
    • They will will not have the option of only submitting the most relevant exhibits.
  4. For the time being, normal walk through procedures are gone. Any new case activation would not be assigned a Board number until approximately 3 am after the day of submission. Be ready to drop off your walk throughs the day before you want to obtain approval.
  5. The EAMS forms haven’t been approved by the Office of Administrative Law and won’t be mandatory until approved.
  6. For the time being, every Board will have a telephone conference each morning starting at 8 am with their “command center.”
  7. The decision to go ahead with EAMS starting August 25, 2008 was only made on August 22, 2008!