GQ Corner
Q. The way I read the statute, owners/officers of a company (subscriber) are covered under a work comp policy unless specifically excluded by endorsement. Is that correct?
A. Yes. Section 406.097 states that sole proprietors, partners, and corporate executive officers are covered under workers’ compensation policies unless specifically excluded by the policy.
Q. Can you please let me know the DWC rule number that requires that the carrier exchange a DWC-22 with the claimant?
A. Rule 126.5 (e)(1) provides:
(1) Prior to requesting an RME from the Division, the carrier shall send a copy of the request to the employee and the employee’s representative (if any) in the manner prescribed by subsection (g) of this section in an attempt to obtain the employee’s agreement to the examination.
Subsections (f) and (g) also state:
(f) The carrier shall send a copy of the request for a required medical examination required by subsection (e) of this section to the employee and the employee’s representative (if any) by facsimile or electronic transmission if the carrier has been provided with a facsimile number or email address for the recipient, otherwise, the carrier shall send the request by other verifiable means.
(g) The carrier shall maintain copies of the request for a required medical examination and shall also maintain verifiable proof of successful transmission of the information. For these purposes, verifiable proof includes, but is not limited to, a facsimile confirmation sheet, certified mail return receipt, delivery confirmation from the postal or delivery service, or a copy of the electronic submission.
So, if the employee is represented and you have a fax number for the claimant, you should fax the notice. Otherwise you should send it by US mail either certified/return receipt or US mail delivery confirmation.
FOLIO
