This section has been repealed. It stays here because decisions applied it while it stood, and those decisions are unreadable without it. Do not rely on it as current law.
Where this sits
- Chapter 1.
- Division of Workers' Compensation-Qualified Medical Evaluator Regulations
- Article 4. Evaluation Procedures
The regulation, as printed
The state publishes this section as a document rather than as text. Open the official copy below.
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
Authority and history
Note: Authority cited: Sections 133, 139.2, 4627, 5307.3, 5307.6, 4061 and 4062, Labor Code.
1. New section filed 5-14-2020 as an emergency; operative 5-14-2020 (Register 2020, No. 20). A Certificate of Compliance must be transmitted to OAL by 11-10-2020 or emergency language will be repealed by operation of law on the following day. 2. Emergency filed 5-14-2020 extended 60 days (Executive Order N-40-20) (Register 2020, No. 20). A Certificate of Compliance must be transmitted to OAL by 1-11-2021 or emergency language will be repealed by operation of law on the following day. 3. Emergency filed 5-14-2020 extended an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 40). A Certificate of Compliance must be transmitted to OAL by 3-12-2021 or emergency language will be repealed by operation of law on the following day. 4. New section refiled 2-25-2021 as an emergency; operative 3-13-2021 (Register 2021, No. 9). Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). A Certificate of Compliance must be transmitted to OAL by 10-11-2021 or emergency language will be repealed by operation of law on the following day. 5. New section refiled 9-30-2021 as an emergency; operative 10-12-2021 (Register 2021, No. 40). A Certificate of Compliance must be transmitted to OAL by 1-10-2022 or emergency language will be repealed by operation of law on the following day. 6. Repealed by operation of Government Code section 11346.1(g) (Register 2022, No. 15).
What panels did with this rule
Released decisions that named § 46.2, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ14125839 · 2022-06-30 · Fresno District Office8 CCR § 46.2
Determinative passage · p.6Accordingly, we concur with the WCJ's reasoning that the time limitations of AD Rule 46.2(b)(1) are applicable to this matter, and that the remedy of Rule 31.5(a)(2) of a replacement QME or panel of QMEs is available only where the 90 or 120-day time limitations of the
Applied to determine that applicant was not entitled to a replacement QME panel under the emergency rule.
Official decision · page 6 → - ADJ9115204 · 2021-02-09 · Riverside District Office8 CCR § 46.2
Determinative passage · p.5Emergency regulation section 46.2 provides as follows in relevant part:
Applied to determine the reasonableness of denial of telehealth evaluation.
Official decision · page 5 →
Rules beside this one
Article 4. Evaluation Procedures — regulations rarely stand alone, and the answer is often two sections away.
- § 45Method of Evaluation of Cardiac Disability.
- § 46Method of Evaluation of Neuromusculoskeletal Disability.
- § 46.11 Guidelines for the Evaluation of Foot and Ankle Disability.
- § 46.3Remote Health Medical-Legal Evaluations.
- § 47Method of Evaluation of Immunologic Disability.
- § 48QME Ethical Guidelines. [Repealed]