Cal. Code Regs. Tit. 8, § 36.7 - Electronic Service of Medical-Legal Reports by Medical Evaluators
(a) A Qualified
Medical Evaluation or Agreed Medical Evaluation report, or other medical-legal
report and required documents may be served electronically as follows:
(1) For purposes of this section:
(A) "Electronic service" means service of the
medical-legal report and all documents required by section
36, on a party or other person, by
either electronic transmission or electronic notification. Electronic service
may be performed directly by the physician or by an agent of the physician, or
through an electronic service provider.
(B) "Electronic transmission" means the
transmission of a document by electronic means to the electronic service
address at or through which a party or other person has authorized electronic
service.
(C) "Electronic
notification" means the notification of the party or other person that a
document is served by sending an electronic message to the electronic address
at or through which the party or other person has authorized electronic
service, specifying the exact name of the document served, and providing a
hyperlink at which the served document may be viewed and
downloaded.
(2)
Electronic service shall be permitted only where the parties agree and a
written confirmation of that agreement is made. At the time of giving consent
to electronic service, a party or entity shall provide the party's electronic
address for the purpose of receiving electronic service.
(3) For purposes of electronic service, the
medical-legal report or other papers must be transmitted to an electronic
address that is the most recent electronic address provided to the physician by
the party who consented to accept service electronically. A party whose
electronic address has changed has the obligation to file a notice of change of
address with the physician and all parties.
(4) Service is complete at the time of
transmission. Any period of notice and any right or duty to act or make any
response within any period or on a date certain after service of the document,
shall be extended by two business days.
(b) For purposes of service of a
medical-legal report in claims of injury to the psyche, all of the terms of
section 36.5 shall apply to electronic
service, except the service requirements in section
36.5(b)(6) may be
accomplished by electronic service pursuant to the terms of this
regulation.
(c) For purposes of
service of all medical-legal reports, all of the terms of section
36 shall apply to electronic
service, except that the manner of service of the report may be accomplished by
electronic transmission, where appropriate, pursuant to the terms of this
regulation.
(d) For purposes of
electronic service of all medical-legal reports, the mandatory form 122 (AME or
QME Declaration of Service of Medical-Legal Report, see 8 Cal. Code Regs.
§
122) may be replaced by an
Affidavit of Proof of Electronic Service. The Affidavit of Proof of Electronic
Service shall set forth the exact title of the document served in the action,
showing (A) the name and residence or business address of the person making the
service, (B) that he or she is a resident of, or employed in, the county where
the electronic service occurs, (C) that he or she is over the age of 18 years,
(D) that he or she is readily familiar with the business' practice for serving
electronically, and (E) that the document would be electronically served that
same day in the ordinary course of business following ordinary business
practices. The Affidavit of Proof of Electronic Service shall be signed under
penalty of perjury under the laws of the State of California. The Affidavit of
Proof of Electronic Service shall also include all of the following:
(1) The electronic service address and the
residence or business address of the person making the electronic
service.
(2) The date of electronic
service.
(3) The name and
electronic service address of the person or entity served.
(4) A statement that the document was served
electronically.
(e) For
purposes of electronic service, the physician shall maintain an original copy
of all documents electronically served, pursuant to the terms of section
39.5 of title 8, California Code of
Regulations. The documents maintained by the physician pursuant to this section
shall contain an original signature.
Notes
Note: Authority cited: Sections 133, 139.2, 4627 and 5307.3, Labor Code. Reference: Sections 4060, 4061, 4062.1, 4062.2, 4064 and 4067, Labor Code.
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