About the basics:Q: What is EAMS?
A: EAMS is a computer based system th=
at
will simplify and improve the DWC case management process to more efficient=
ly
resolve claims, improve the ability to schedule and manage court calendars,
allow files to be shared between multiple users and transform paper files i=
nto
secure electronic files, reducing the need for physical storage space at lo=
cal
DWC offices and the State Records Center.
Q: Why did we change to this new
system?
A: The DWC was operating with a
30-year-old system, the inefficiency of which was long acknowledged. The go=
als
of EAMS are to better serve injured workers and employers by eliminating
redundancy, creating efficiency in the system and making the system more
accessible to users, while preserving confidentiality. EAMS will reduce
environmental and physical stress, along with injuries to DWC employees, and
help guide policy decisions to better distribute resources.
Q: When will E=
AMS
first be useable?
A: The implementation of EAMS will ta=
ke
place in two stages, beginning with DWC administration and district offices.
After the new system has been successfully implemented at the division, EAMS
will become accessible to case participants and the general public.
EAMS went live internally at the state's 24 district
offices on Aug. 25.
Q: How can I stay up to date on the
project?
A: DWC has designed an E=
AMS
newsletter, Insider,
that is emailed to subscribers. Sign up at e=
ams@dir.ca.gov.
There is also an EAMS page on the State of California Website, www.dwc.ca.gov/eams.
Q: Why does EAMS use new terms, rat=
her
than the terms we are all familiar with, and where can I get a list of the =
new
terms?
A: EAMS is built using "commerci=
al,
off the shelf software," which means it has a solid foundation and is =
more
easily upgradeable. The downside of this choice is that the software isn't
designed just for workers' comp-meaning we all have to adjust our thinking
somewhat to reflect the way the program works. You can find a glossary of t=
he
new terms at w=
ww.dwc.ca.gov/eams.
Q: Will I receive training on how to
use EAMS?
A: Yes. See the "training and
resources" section of this FAQ for more information.
Q: How will cases be created in EAM=
S?
A: There are only two ways to create a
case in EAMS: e-forms or optical character recognition (OCR) paper forms. S=
ee
the e=
-forms
and O=
CR
forms sections of this FAQ for more information.
Q: Will case
information be kept confidential?
A: Case information that is statutori=
ly
required to be kept confidential will be accessible only to authorized user=
s in
accordance with the law. Applicants will have access to all<=
/i> information about their case inclu=
ding
sensitive medical or psychological reports. Requests for access to any case
information by persons who are not parties to the case will be handled as
Public Records Act requests. This will include redaction of information as
required.
Q: May an attorney file medical rep=
orts
and other documents before an MSC, rather than bring them to the MSC?
A: No. The proposed regulations requi=
re
parties to file any AME, QME or PTP reports not previously filed with the D=
WC
district office, which are relevant to the issue(s) raised on the DOR. No o=
ther
documents may be filed with the DOR. The regulations require parties to bri=
ng
and submit all relevant reports and documents, at the time of the MSC should
the issues not be resolved at the MSC and the case is to be set for trial.
Non-relevant documents are not to be filed with the district office. When
documents must be filed is dictated by various sections of the Labor Code a=
nd
new regulations. Consult your legal experts for further legal advice.
Q: May a defense attorney represent=
ing
an insurance carrier or TPA pull up their client's information and update
(edit) it?
A: No. EAMS uses a "uniform assi=
gned
names" list for claims administrators and representatives. Changes to
those entities' names or addresses must be handled through the DWC's Central Registra=
tion
Unit. Whenever filling out any form, parties must obtain and use the exact
assigned name the claims administrator or representative, as shown on the =
c=
entral
registration list. Forms submitted with information different fr=
om
that listed in the Central Registration Unit will go into the unprocessed
document queue with other such documents needing correction. A DWC clerk wi=
ll
attempt to discern the intent of the filer and either correct simple errors=
or
return the filing to the sender, both of which will delay processing of your
filings.
Claims administrators, law firms, lien claimants and
others will need to develop internal systems for assuring accuracy in filin=
g.
Q: We have
specific operational issues not shared by most external users. Who can answ=
er
our specific questions?
A: You may request a targeted consult=
ation
from us, in which we will give you whatever assistance we can with such iss=
ues.
We will be happy to set up a conference call between your operational and
technical decision makers and our external user experts. E-mail us at eams@dir.ca.gov and put
"targeted consultation request" in the subject line of your e-mai=
l.
About injured worker-specific questions:
Q: I was injured at work and am not
getting medical treatment. How do I file a claim in EAMS?
A: Basically, the same way you would =
have
before EAMS. Your first step is to be sure you have talked to your employer=
and
filed a workers' compensation claim with your employer. If you have done th=
is
and you are not getting benefits, or your employer has denied your claim, y=
ou
should contact a DWC i=
nformation
and assistance officer at your local office. The information and
assistance officer can help you, free of charge, understand the system and =
file
any paperwork needed to help you resolve your problem.
If you need to file a form in EAMS, the form will be
different because it will be scanned into a digital case file instead of a
paper case file, but the laws regarding your rights have not changed.
About claims administrator-specific questions:
Q: If I am filing a new case that h=
as
not yet been assigned a case number, do I still write “UnassignedR=
21;
in the space for the case number?
A: No. Check the “Yes” box=
at
the top of the document cover sheet indicating a new claim, then leave any
spaces for the case number blank. EAMS will automatically assign a ca=
se
number.
![3D"New](3D"EAMSAboutthebasics_files/image001.gif")
Q: We have
received notices of hearings with the new ADJ case numbers and no reference=
to
the old WCAB case number. How can we cross-reference the numbers?
A: Go to the EAMS Web site at w=
ww.dwc.ca.gov/eams
and click on the new E=
AMS
and legacy case number lookup tool. If you know either number, y=
ou
can use this page to look up the corresponding case number.
Q: I am try=
ing
to determine the status of a case. After I fill out all the information on =
the
general public search, I click on the search button and all the information
disappears. How can I get the information I need?
A: The general public search will only
show status on cases that have upcoming hearings. If the case is not active,
you will not get a return and the entry will disappear. There is no way to =
save
the entry information.
Please note that the general public search tool works=
on
an “exact match” basis. That is, if searching for a case using =
the
case number, the number must match exactly. For example, if the case number=
is
ADJ0123456 you must enter it exactly that way. If you enter ADJ 0123456 you
will not get a match. If you enter 0123456 you will not get a match. Also, =
the
three-letter prefix for the EAMS case number (ADJ) must always be capitaliz=
ed
Q: Where do I use the =
uniform assigned name
for my organization?
A: On all forms that have a field
designated for claims administrator and in the “author” field of
the document separator sheet if someone in your organization filled out the
form or documentation that follows the separator sheet in the file.
Q: What if the form has a field for
both claims administrator and insurance carrier information, such as the
application for adjudication or the compromise and release?
A:Use the uniform assigned name of yo=
ur organization
in the claims administrator field and the formal name of the insurance carr=
ier
in the insurance carrier field. You must fill in the insurance carrier fiel=
d on
these forms, even if it is the same organization. For example, if the State
Compensation Insurance Fund was submitting a C&R in a case, the filer w=
ould
put the uniform assigned name, such as SCIF INSURED GLENDALE, in the field =
for
claims administrator, and STATE COMPENSATION INSURANCE FUND in the field for
insurance carrier.
Q: We are a
self-insured, self-administered employer, so there is no insurance carrier =
or
third-party administrator. Would we leave the carrier/administrator field b=
lank
and just fill in the employer?
A: No. Since you are self administere=
d,
you are a claims administrator and have a uniform assigned name (or should)=
. A
good example of this is Kaiser Permanente—their uniform assigned name
(UAN) is KAISER OAKLAND.
When filling out the form you would check the
self-insured box, fill in your UAN in the claims administrator field on the
form, and in the author field on the separator sheet if you are the entity
filling out the form that follows the separator sheet.
To find your uniform assigned name, check the U=
AN
database. If you are a self-insured, self-administered employer =
and
are not listed there, follow the instructions under “changing or addi=
ng a
name to the database” on the =
U=
AN
main page.
Q: May either the claims adjuster o=
r an
unrepresented injured worker fill out and file the DEU form 102?=
A: Yes.
Q: Once EAMS is available and medic=
al
reports are scanned, is it necessary to continue to place medical reports in
chronological order before filing at the district office?
A: The only requirements are those in
regulations, not by EAMS software. It is always advisable to file reports in
chronological order for ease of finding or referring to reports later.
Remember, only medical reports relevant to the matter in dispute are filed =
if
the case proceeds to trial and only relevant AME, QME and PTP reports are f=
iled
with the DOR.
About EAMS training and resources:
Q: When will training for external
users be available?
A: Information and training materials=
for
both e-forms and OCR forms users is available on the EAMS &=
quot;working
in EAMS” Web site. The materials include computer based
training, an OCR forms handbook and file setup examples, a timeline, a deci=
sion
point presentation and a forms submission demo. The division is working wit=
h a
team of external users to prepare additional advisory and training material=
s.
Train the trainers were sessions were held in Los
Angeles, Oakland and Sacramento in September. Sign up for the DWC Newsline to get
information about other training sessions.
Q: I have
completed the computer based training for external users. What do I n=
eed
to do now in order to take the CBT certification test?
A: The certification for those who
complete the CBT will be posted soon. When it is, you will find it posted on
the s=
ame Web
page as the CBT.
About filing in EAMS:Q: May I conti=
nue
to file the old forms and documents in the same manner after EAMS goes live=
on
Aug. 25, 2008?
A: Until t=
he
regulations requiring use of optical character recognition (OCR)
forms become effective, the DWC will continue to accept the old (current)
forms. However, since the =
n=
ew OCR
forms are available and work best in EAMS, external users are
encouraged to use them.
Once the EAMS regulations requiring use of OCR forms =
are
in effect—likely in early November—all filings must be on the n=
ew
forms. In the interim, documents filed on old forms will require DWC clerks=
to
convert the data on the old forms onto the new forms, which could result in
backlogs and delays in filing. So, although you're not required to use the =
new
forms until regulations become effective, it is in the best interest of all
parties, and the workers' compensation system as a whole, to start using the
new forms now.
Q: What about electronic forms?
A: Electronic forms, or e-forms, are
filed over the Web into EAMS and require a log-on and password to access.
E-form filing is now available to a selected group of volunteer external us=
ers
who are participating in an "e-forms trial." Part of the reason f=
or
the e-forms trial is to help DWC develop its e-form filing regulations. Once
those rules go into effect, e-forms will become generally available to exte=
rnal
users. See the E=
AMS
filing method timeline for more information about the timing of
filing options in EAMS.
Q: What is the
difference between filing OCR forms and filing e-forms?
A: The basic difference is that e-forms
are electronic and OCR forms are paper. Currently there are only two ways to
get information into EAMS: by e-forms, which are submitted electronically o=
ver
the Web, and by optical character recognition (OCR) paper forms, which are
scanned into EAMS at the district offices.
For more information about these two filing methods,
check out the forms submission demonstration, the decision point presentati=
on
and the written information available on the &=
#8220;working
in EAMS” Web site.. You will need to make a decision as so=
on
as possible regarding which method you intend to use.
Q: Can you tell me more about OCR
forms?
A: External users may go to the DWC's Web site , f=
ill
out and print any of the OCR forms, then submit the paper form, along with
supporting documents, via mail or in person, to the district office for fil=
ing.
See D=
WC's
OCR forms submission handbook for details on filing using OCR fo=
rms.
Q: Can you tell me more about e-for=
ms?
A: E-forms are filled out within EAMS,
which requires using a log-on and password for access. Organizations or
entities that have volunteered and were selected to file all<=
/b> forms and documents electronically=
in
the e-forms trial, and who have completed the EAMS computer based training
(CBT), have received a log-on and password enabling them to access EAMS, fi=
ll
out e-forms online, attach electronic documents, (such as medical reports, =
in a
process similar to adding an attachment to an e-mail), submit the forms and
attachments to EAMS and receive confirmation of their filing, all online.
Log-ons and passwords will become generally available=
for
other external users once e-form regulations have been finalized. For
information on how to participate in an e-forms trial, refer to the training and resources questi=
ons
in this FAQ.
Q: Are all attorneys required to fi=
le
using e-forms?
A: No. Once the e-form regulations are
developed and promulgated, all parties, (including unrepresented injured
workers, with information and assistance officer guidance), will have the
option of filing using either OCR forms or e-forms.
Q: What will happen if I continue to
file documents using only the old legacy file numbers?
A: All existing cases will have both a
legacy file number and a new EAMS case number, so whichever number you use =
will
associate your documents to the correct file. It is strongly suggested that=
you
use the EAMS case number if you have it. New cases will only=
have an EAMS case number.
Q: Legally, when will a document be
considered filed in EAMS-when it is received by the district office or when=
it
is scanned into EAMS at the district office?
A: It is filed when it is received by=
the
district office (p=
roposed
regulation § 10230).
Q: When do I file medical reports a=
nd
documents?
A: The proposed regulations require
parties to file with their DOR, any AME, QME or PTP reports not previously =
file
with the DWC district office, which are relevant to the issue(s) raised on =
the
DOR. No other documents may be filed with the DOR. The regulations require
parties to bring and submit all relevant reports and documents, at the time=
of
the MSC, should the issues not be resolved by MSC and the case is to be set=
for
trial. Non-relevant documents are not to be filed with the district office.
When documents must be filed is dictated by various sections of the Labor C=
ode
and new regulations. Proposed regulation §10233 addresses part of your
question, but you may want to consult your legal experts for further legal
advice.
Q: The proposed
regulations state documents filed must not exceed 25 pages. What do I do if=
a
medical report is over 25 pages?
A: Medical reports are an exception to
the 25-page rule.
![3D"Update](3D"EAMSAboutthebasics_files/image002.gif")
Q: Since
proposed regulations have a way of changing, how can the division expect
stakeholders to re-program systems and be ready to file OCR forms before the
regulations are finalized?
A: There is no question that EAMS will
cause transitional issues for both internal and external users in the short
run, but EAMS is a practical necessity that in the long run will make life
better for everyone. As DWC continues to implement EAMS, it continues to
develop a variety of options to mitigate the transitional issues to the ext=
ent
possible within the scope of the project.
One mitigation tool that has been adopted is temporar=
y CD
filing for those who already have their documents in an electronic format b=
ut
cannot be ready to file using OCR forms before regulations requiring them b=
ecome
effective. This temporary filing option is available between Sept. 2, 2008 =
and
the effective date of the EAMS regulations (expected to be mid-November ) a=
nd
allows users to submit electronic "legacy" forms and supporting
documents to the district office in a specific format on CD. For more
information, visit the EAMS "&=
#8220;working
in EAMS” Web site.
Q: How many new OCR forms will ther=
e be
and when will external users have access to the new OCR forms?
A: There are over 30 EAMS OCR forms a=
nd
about the same number of e-forms. The current OCR forms are in E=
AMS
rulemaking but there is a fillable/printable version of the forms
available for use now on the f=
orms
page of the DWC Web site.
Q: When will the regulations requir=
ing
use of the OCR forms become effective?
A: The target date is early November 2=
008
for the effective date of the regulations.
Q: What if my company cannot start
using the OCR forms yet? Is there anything else we can do to help avoid
district office scanning backlogs, and to move our files through the system=
as
fast as possible?
A: Yes. While the division understands
that some institutions face business constraints regarding EAMS implementat=
ion,
it benefits everyone to use the new forms as soon as possible. It may not be
possible for some groups to be ready to use e-forms or OCR forms right away,
but everyone should begin prepping files without binders, clips, two-hole
punches, staples, sticky notes or folds.
If it is impossible to use OCR forms as of 8/25/08, at
least prepare the OCR cover sheets and separator sheets to accompany your o=
ld
documents, which will help avoid a backlog of documents requiring DWC clerk
preparation of the cover sheets and separator sheets.
The more voluntary compliance the division gets with =
the
use of new OCR forms, new cover sheets and separator sheets, the easier it =
will
be for everyone to process files in EAMS.
Q: My documents
are already in electronic format. Can I file my documents by CD?=
A: Yes. Between Sept. 2, 2008 and the
date on which regulations requiring use of OCR forms become
effective—likely in early November—a temporary CD filing option=
is
available for those who already have their documents in an electronic forma=
t,
but who are not ready to file using OCR forms. This temporary filing option
allows users to submit electronic "legacy" forms and supporting
documents to the district office in a specific format on CD. For more
information, visit the &=
#8220;working
in EAMS” Web site.
Q: Can we develop our own versions =
of
DWC's forms that work in case management systems to autopopulate the forms?=
A: Yes. DWC designed its forms to be
"autopopulate ready." That means that while the DWC OCR forms can=
't
be plugged into the autopopulate feature of your case management software as
is, the version of the forms on the Web site can be tweaked to do just that.
Your forms developer must test the forms it creates to be sure they will
function with EAMS in an equivalent manner as the division's forms (=
p=
roposed
court administrator rule 10228 ). To facilitate this, the DWC has
set up a <=
span
style=3D'mso-bidi-font-size:11.0pt;font-family:"Times New Roman","serif"'>f=
orms
developers' testing lab for external users.
Q: I've heard forms vendors have be=
en
working with DWC to make their forms EAMS-compatible. How can I get a list =
of
approved software forms vendors?
A: While many forms developers have b=
een
working with DWC to test their forms to ensure they will work in EAMS, the =
DWC
will not certify software vendors or forms developers. It is the vendor's
responsibility to ensure compatibility of their forms with DWC scanners. DWC
has provided the forms testing lab for that purpose. A vendor's visit to our
testing lab does not ensure their developed forms are compatible with EAMS.
Therefore, DWC will not be releasing a list of the vendors who have visited=
the
lab.
If you'd like to use the lab to test your forms, cont=
act EAMS@dir.ca.gov and put
"OCR Forms Testing Lab" in the subject line of your e-mail.
DWC's OCR forms are
available on the EAMS Web site.
Important printing note:=
The preferred method for most of t=
he
forms which will yield the best results from our testing of various printers
from Adobe is: "Fit to Printable Area" with "Center and
Autorotate" turned on and zoom factor at 96 percent. Other print optio=
ns
may not result in as good results.
Q: When will the final version of t=
he
OCR forms be released and will DWC release the technical specs for these fo=
rms
to developers?
A: A useable version of the forms is
posted on the f=
orms
page of DWC's Web site. Testing of versions of the forms develop=
ers
can provide to external users for use in case management systems will conti=
nue
in DWC's forms testing lab. We are releasing all the information and techni=
cal
specifications we have about the forms to developers as the process evolves=
.
Q: Can we save filled OCR forms into
our own computer system?
A: It is possible to save filled out =
EAMS
OCR forms with all the information you entered, but it requires that you ha=
ve a
full version of ADOBE Acrobat - not just the free ADOBE Acrobat Reader -
installed on your computer. There may be other software available on the ma=
rket
that can perform this task also. But from the DWC Web site alone, without a=
dditional
software installed on your computer, you are only able to save a blank OCR
form.
Q: Should I list the old legacy file
number on EAMS forms or the new EAMS case number?
A: All forms will accept either numbe=
r.
If the case is filed on or after Aug. 25, 2008 it will only have an EAMS ca=
se
number. When a new case is opened in EAMS you will be notified of the new E=
AMS
case number by your selected method of service: U.S. mail, e-mail, or fax. =
If
it's a legacy case and you have both the legacy case number and the EAMS ca=
se
number, it is strongly suggested that you use the EAMS case number. New cas=
es
will only have an EAMS case number.
Q: How do I
prepare and file documents that require signatures, such as a C&R?
A: Click on the OCR C&R form from=
the
D=
WC
forms page , fill it out, print it using the Adobe print icon,
circulate it for signatures, then mail it or hand deliver it to the district
office. The order of the documents should be: Cover sheet, separator sheet,
C&R and addendums, separator sheet, first supporting document, such as =
one
AME report, separator sheet, another medical report, separator sheet, other
supporting document, etc., separator sheet, proof of service.
Click h=
ere
to see an example of how to set this file up for submission.
The batch of documents will be scanned in and routed =
to
the appropriate judge for approval.
Remember, for settlements involving unrepresented
workers, where the settlement documents are being submitted by the claims
adjuster, you must include a copy of the panel QME letter sent to the
applicant.
Q: Will I s=
till
be able to get a settlement approved as a walk through?
A: If you wish to walk through a
settlement and there is an existing legacy file or EAMS file, bring the
settlement and supporting documents to the district office with venue. If a
judge previously rejected the settlement or took testimony in the case, you
must go to that judge for approval. Otherwise, you may take the settlement
documents to an assigned walk through judge for review and approval.
If the
settlement is an opening document, it must be mailed or hand carried to the
district office for scanning by 12 noon the day prior to the walk through.
Parties may return the following day between 8 a.m. and 11 a.m. or between 1
p.m. and 4 p.m., and proceed to the assigned walk through judge for review =
and
approval of the settlement.
Please see the O=
CR
form filing handbook for further details.
Important printing note:=
The preferred method for most of t=
he
forms which will yield the best results from our testing of various printers
from Adobe is: "Fit to Printable Area" with "Center and
Autorotate" turned on and zoom factor at 96 percent. Other print optio=
ns
may not result in as good results.
Q: I notice that the OCR DOR form h=
as
space for only one case number. If an injured worker has multiple cas=
es,
will I need to file a separate DOR for each relevant case?
A: No. A single DOR is sufficien=
t if
the document cover sheet lists all the cases to be included in the DOR.&nbs=
p;
At the “Hearing Case” level, EAMS will automatically link all c=
ases
listed on the cover sheet as companion cases and designate the first as the
“driver” case for the purposes of scheduling.
Companion cases you would select a “lead”
case number and indicate it on the OCR DOR form. You then would indic=
ate
the companion cases on the OCR Cover Sheet-allows up to 15.
Q: If I am
filing multiple forms for several different cases at one district office, m=
ay I
place them all in one large envelope for mailing? Since staples are not
permitted, can clips be used to keep the documents together in the correct
order?
A: You may place all of the documents =
in
the same envelope, but be sure the envelope is large enough to keep documen=
ts
from becoming wrinkled or folded. Paper clips and binder clips may be used =
to
keep the documents together as long as the clips do not cause folds, wrinkl=
es,
dents, or tears to the documents.
Q: If I file multiple OCR forms or
documents, do I need a document cover sheet for each?
A: The OCR document cover sheet is a
six-page form that allows you to file forms and documents in up to 15 cases=
in
a specific unit for one injured worker. The cover sheet tells EAMS wh=
o is
filing the forms and documents, which file they belong in, and what to do w=
ith
them, such as route them to a judge for review and action. Only one c=
over
sheet is needed for each set of forms that pertain to that injured
worker. A separator sheet is filed with each docume=
nt to tell EAMS where the document is=
to
be stored in the file, so that it can be retrieved easily without searching=
the
entire file.
Q: If there are fewer than 15 cases=
, is
it necessary to file all six pages of the document cover sheet?<=
span
lang=3DEN style=3D'font-size:9.5pt;font-family:"Arial","sans-serif";mso-far=
east-font-family:
"Times New Roman";mso-ansi-language:EN'>
A: No. Do not file blank pages w=
ith
the cover sheet.
Q: For an existing case, is it
necessary to list the date of injury and all body parts on each document co=
ver
sheet that is filled out?
A: No. Check the “No” box=
at
the top of the cover sheet indicating that the case is not new. EAMS =
will
already contain date of injury and body part information for existing cases=
.
If the case is new, the “Yes” box must be checked at the top of=
the
cover sheet and the date of injury and body parts must be listed on the cov=
er
sheet as well as the application.
Q: Is the d=
ate
field on the upper left side of the document cover sheet used for the date =
the
cover sheet is being prepared, or the date of a specific injury?=
A: It is the date the cover sheet is b=
eing
prepared. For a specific injury, the single date would go in the same field=
as
the start date for a cumulative injury.
Q: Where ca=
n I
find the list of three-digit codes for the body part drop down menus on the=
OCR
cover sheet?
A: You can find the three-digit body p=
art
codes on the last page of the cover sheet. These are the only body pa=
rt
codes EAMS will recognize.
Q: There is=
a
listing of district office codes with the document cover sheet, but I
can’t find a place for them on the form. Where would the code be
inserted?
A: The district office code is not use=
d on
the cover sheet. It is provided as a reference for use on other forms
where it is required, for example on the “Application for
Adjudication.”
Please note that when filing the “Application f=
or
Adjudication” the venue is determined by one of three options:
· =
County of residence of employee (Labor Code section 5501.5(a)(1) or (d)=
.)
· =
County where injury occurred (Labor Code section 5501.5(a)(2) or (d).) =
· =
County of principal place of business of employee’s attorney (Lab=
or
Code section 5501.5(a)(3).)
The district office code you type into the form must =
be
related to one of the three options for venue selection.
Q: In what instances would you sele=
ct
INT as the product delivery unit on the document cover sheet?
A: INT is the integrated case, which
holds overarching information and contains the unit specific product delive=
ry
cases. As an external user, you will never select the INT case. =
You
will select ADJ for an adjudication form or document, DEU for the Disability
Evaluation/Rating unit, VOC for Vocational Rehabilitation, RSU for Return to
Work/Supplemental Job Displacement Benefit, UEF for an Uninsured Employers
Benefit Trust case, or SIF for a Subsequent Injuries Fund Benefit Trust cas=
e.
Q: Is it required that copies of the
document cover sheet and separator sheets be included when serving filed
documents on the other parties?
A: No. The cover sheet and
separator sheets are for scanning purposes only.
Please see the O=
CR
form filing handbook for further details.
About the OCR document separator sheet:
Q: On the
document separator sheet, does the author’s name need to match our
uniform assigned name in the database (i.e. our firm name), or should it
contain the name of an individual from our firm? What would we use as the
document date?
A: The author field on the document
separator sheet must match the uniform assigned of your firm, if your firm =
is
the entity filling out the form that follows the separator sheet. For examp=
le,
if you are an attorney filing a “Declaration of Readiness to Proceed&=
#8221;
you would put the uniform assigned name of your firm in the author field on=
the
separator sheet preceding your OCR DOR form. If you submit a medical report
with that DOR, the author of that document is the medical provider who
authored the report. You would fill in the doctor’s name in the author
field like this: JOHN SMITH MD. Note, there are no special characters, no
periods, commas, etc. Simply type in the first name, last name and the
practitioner’s designation (MD, DO, PT, etc.) in all caps.
The document date is the date at the beginning of the
document that shows when that document was written or produced. In the above
example, on the separator sheet preceding the DOR, the date is the date you
filled it out. The date on the separator sheet preceding the medical report=
is
the date the report was authored.
Q: On the
document separator sheet, is there a way to find the document title I am
looking for without checking through all of the document types in the drop =
down
menus?
A: When you open the document separator
sheet, you will see two PDF links on the upper left side of the screen.
Clicking on the bottom link will open a list of all of the document titles,
showing the product delivery unit (ADJ, RSU, VOC, DEU), document type and
document titles available for each unit.
You can only use the document titles that go with the
document type and the product delivery unit into which you are filing the
document. For example, if filing a document into product delivery unit DEU,
under document type MEDICAL REPORTS, the document titles available are:
· =
AME
· =
DEFAULT QME (represented with DOI on/after 1-1-05)
· =
PANEL QME (non-represented all DOI)
· =
REPRESENTED QME (represented with DOI before 1-1-05)
· =
TREATING PHYSICIAN
Do not write in a document title that is not shown on=
the
list for that document type and product delivery unit, as EAMS will not acc=
ept
it.
Q: In cases
where we have multiple sets of subpoenaed records and we are submitting
multiple documents from each set as trial exhibits, would we fill out one
document separator sheet per set of subpoenaed records or one per individual
document?
A: Designated documents from each set =
of
subpoenaed records would be considered one document. They would not require
individual separator sheets. One separator sheet would be required for each=
set
of subpoenaed records.
Q: When
submitting a request for a DEU rating, is a separator sheet needed for each
individual document in the package?
A: A document cover sheet should be pl=
aced
on top identifying the DEU as the product delivery unit. This should be
followed by a separator sheet and the DEU request form, then a separator sh=
eet
and the medical report to be rated. If more than one medical report is to be
rated, a separator sheet should precede each report. DEU forms contain their
own proof of service so you don’t need to add a separator sheet for t=
hat.
You can find a sample of how to set up a DEU submission on the “W=
orking
in EAMS” page under “for OCR form filers.”
Q: A DEU ra=
ting
is sometimes included in a settlement package. The settlement package is fi=
led
on the ADJ product delivery unit, but the rating is a DEU document and is n=
ot
included in the ADJ drop down menus on the document separator sheet.
Would the rating be considered a part of the settlement and not require its=
own
document separator sheet?
A: Yes. The settlement package is fil=
ed
on the ADJ unit under one coversheet. The DEU rating you want to be appende=
d to
the settlement document goes at the end of the settlement document itself, =
with
no separator sheet. There is an example of how to set up a C&R on the
“
Remember, separator sheets would still be needed for =
the
other individual documents submitted as part of the settlement package, suc=
h as
the medical reports.
When submitting multiple documents under one cover sh=
eet,
all the product delivery units must match the unit designated on the cover
sheet. In other words, if you indicate on your cover sheet that you are fil=
ing
into ADJ, the product delivery unit for all the separator sheets in that fi=
le
must be ADJ. If you try to use a different product delivery unit on one of =
the
separator sheets your submission will error out of EAMS.
Q: On the
document separator sheet drop down menus, there is no option listed for pro=
of
of service under the document title for DEU product delivery unit. Wh=
ere
can it be found?
A: For the DEU product delivery unit, =
the
proof of service is included in the actual form itself, so you don’t =
need
a separate proof of service, and therefore, no separator sheet is needed.
Q: Does EAMS
identify duplicate documents?
A: No. The system will not identify
duplicate documents within a file. Therefore, it will be important for those
preparing files for scanning and indexing to look for and eliminate duplica=
tes.
Q: Will hard copies of case files or
documents be destroyed after being scanned?
A: Yes, but DWC will not destroy
documents immediately. Legacy files, or those that currently exist, will be
scanned into EAMS when the case comes up for trial. After scanning, the pap=
er
version of the legacy file will be kept for 30 days. Newly submitted paper
documents will be kept for 14 days after being scanned into the system.
Remember, EAMS is fundamentally the DWC's case management system so case
participants will still need to keep their own files, which will contain
documents beyond what the DWC needs to resolve a dispute.
Q: Can forms t=
hat
are scanned through optical character recognition (OCR) software be printed=
?
A: Yes. Once OCR'd forms enter the sy=
stem
they are printable. But remember, OCR forms are paper, so they are printed
prior to being scanned into EAMS.
Q: How will illegible documents be
handled?
A: EAMS will attempt to gather all the
available information from the form. However, sometimes human intervention =
will
be needed to determine the contents of documents that are submitted in an
illegible format.
Q: Does EAMS
automatically redact sensitive information?
A: No. However, under EAMS there will=
be
no change in the current process for handling documents filed along with a
petition to seal: The petition will be routed to a judge who will make a
decision and issue an order on the petition. The documents that are the sub=
ject
of the petition will remain in the file unsealed until the judge has the
opportunity to make a decision on the petition.
Q: Are old cas=
es
being scanned in EAMS?
A: Cases that are active (that is, w=
here
a hearing is scheduled or where other significant action is being taken) ma=
y be
scanned into EAMS prior to the hearing. Inactive cases with no expectation =
of
future action will not be scanned unless the case becomes active. All
information currently in a legacy system (a current system of record, like
DEU's system or the WCAB online system) will be converted and accessible
through EAMS, but no documents associated with inactive cases will be scann=
ed
immediately after EAMS becomes active.
The division will decide what to do with very old
inactive cases now at the State Resource Center (SRC) or in storage at local
offices at some point in the future.
Q: What will happen if only part of=
the
old legacy file (WCAB paper file) is scanned into EAMS and part is not scan=
ned?
A: The old documents will remain as
paper, unless or until the case goes to trial. In that case the new documen=
ts
will be scanned into EAMS and only the paper documents from the legacy file
that are offered as evidence will be scanned into EAMS.
Q: What if the district office scan=
s my
documents into the wrong case?
A: In the event of a district office
error, p=
roposed
regulation 10223 allows the district office to move the document=
to
the correct case.
About filing e-forms:Q: If I am filing e-forms, will I n=
eed
to fill out a separate cover sheet to go on the top of each e-form and
document?
A: Not a "separate" cover
sheet. E-forms are structured so that the first five tabs/pages of every fo=
rm
are the cover sheet. You only need to fill out the first tab/page of the e-=
form
cover sheet unless you have companion cases. If you have companion cases, y=
ou
will fill in only the number of cover sheet tabs/pages relevant to the numb=
er
of companion cases you are filing.
Q: When a c=
ase
has multiple employers and insurers but the e-form only has space for one of
each, how would the others be added?
A: An attachment (such as a Word document) would be
created listing the additional parties, and would be added to the e-form as=
an
attachment by clicking on the “add attachments” button. DWC
staff will then enter the additional case participants manually in EAMS, ju=
st
as they currently do with paper forms that do not have enough fields.
Q: The
unstructured e-form has a field for the master case number as well as a fie=
ld
for the case reference. Which field does the ADJ number go in?
A: The ADJ number goes in the master case number fiel=
d.
The case reference field is used to list any companion cases in which you w=
ould
like to file the same document.
Q: Can you estimate how long it will
take an external user to fill in an e-form and attach a file? What is your
estimate of how many forms an external user can file per day with one logon=
and
one password?
A: For an experienced user, repetitiv=
ely
filing the same forms, with the user's business processes arranged so the
necessary information is immediately available and properly organized, the
estimate is 10 minutes per form, or six forms per hour, 90 forms per day, (=
as
EAMS is available 15 hours per day), or 23,400 forms per year.
A conservative estimate, allowing for variations,
different forms, attachments and such, takes this down to 15,000 forms per
office, per year. Essentially this means that if the office organizes its
business properly, one logon should be enough for forms filing.
Q: Receipts: How will an external u=
ser
know which case the electronic submission sheet they receive pertains to, a=
nd
what documents were filed with it? Is there a link between the batch
identification received on this submission receipt and the case file?
A: The submission receipt pertains to=
a
batch of documents. In e-forms, since the cover sheet is part of the form, =
and
the attachments are also "part of the form," (connected through t=
he
metadata captured in the attachment screen, the electronic version of the
separator sheet) the submission receipt will pertain to the form, its metad=
ata,
and its attachments, which together constitute a batch. Since multiple DWC
forms cannot be stacked together in e-forms, each form-metadata-attachments
combination will be a separate batch and get a separate submission receipt =
with
a batch ID.
Since e-forms are submitted one form at a time, with =
the
form-metadata-attachments combination constituting a batch, the submission
receipt received immediately after submission of a form-metadata-attachment
batch will be the receipt for that batch.
For EAMS purposes, there is no link between the batch=
ID
and the case file-there is only a link from the batch ID to the batch filin=
g.
That is, if there's a problem with the filing and the batch of documents go=
es
into the unprocessed document queue (UDQ), you'll need the batch ID to get =
the
problem sorted out. Once the batch is successfully filed into EAMS, EAMS ha=
s no
further need of the batch ID number.
However, YOU might need that batch ID for your own fi=
le
as "proof" of your submission to EAMS. Therefore, you should print
the batch submission sheet and if you want, add the case name/number by han=
d on
your copy.
Q: Tabs: Can I go back from tab six=
to
tab one or is there any "back" function on the tabs to make
corrections before hitting submit?
A: Yes. You can move back and forth
between tabs before hitting submit on your e-form without losing any
information you've keyed in. Shift + tab will take you back to the previous=
tab
field. On e-forms, you may also click on the page/tab at the top of the for=
m to
go back to a previous page/tab.
Q: Submitting multiple attachments:=
Can
I use control click to select and attach multiple documents to an e-form? If
not, what is the purpose of the "all medical reports" designation=
in
the drop down menu?
A: No, you can't use ctrl click to at=
tach
multiple documents. "All Medical Reports" is a category of docume=
nt
used for indexing in EAMS-it does not mean that multiple attachments can be
attached with one attachment screen, which provides EAMS with one set of
metadata. Each individual document requires its own metadata and therefore =
only
one document at a time can be attached.
Q: We were told documents which are=
to
be filed as attachments to e-forms, should be in a PDF format. Can we use
'TIFF' (Tagged Image File Format) instead?
A: Yes. During the e-forms trial, we =
will
accept TIFFs, as well as JPEG, Word and other formats as attachments to
e-forms. At some point in the future, when the e-forms regulations have been
established, attachment formats may be limited.
Q: After I submit an e-form, can I =
go
back into the case to look at the e-form I submitted?
A: E-forms go through an automatic bat=
ch
process, which is run four times per day. If they successfully make it thro=
ugh
that process they'll show up in EAMS following the batch process. This means
that if you file something in the morning you should see it in the file that
afternoon. If you file later in the day, you should see it in EAMS the next=
business
day.
If your submission doesn’t make it through the
batch process because of some sort of defect in the form, it will go into t=
he
unprocessed document queue where a DWC employee will either correct the err=
or
or notify you to correct the error and resubmit the batch.
You can print the e-forms for service on the other
parties by using the PDF print function at the top of the e-form. This is a=
new
function that eliminates the need to print one tab at a time.
Q: Do I still =
need
to serve the other parties with copies of the e-forms and documents I filed
electronically through EAMS?
A: Yes. Parties are required by law to
serve on all other parties, all documents and forms filed with the DWC dist=
rict
office. You can print the e-forms for service on the other parties by using=
the
PDF print function at the top of the e-form. This is a new function that
eliminates the need to print one tab at a time. It also allows you to
save the e-form to your hard drive in a PDF format.
Q: Time on: Will users get timed ou=
t of
the system?
A: Yes. If you are not actively worki=
ng
in EAMS you will be timed out after 15 idle minutes. If you are working on =
an
e-form, the inactive time out is set to 30 minutes. This means that if you =
get
timed out of EAMS while on an e-form, you can log back in and finish. You w=
ill
receive a warning message before being timed out.
Experience is showing that the best practice is to be
ready with all your documents, attachments, information, etc, at your
fingertips so that when you are working on e-forms you don’t have to
stop.
Remember to log out when you are finished filing in E=
AMS.
About participating in an e-forms trial:
Q: What is the e-forms trial and who
may participate?
A: E-forms are electronic Web forms
submitted one at a time over the Internet to file documents in EAMS.
Attachments are submitted in electronic format as attachments to the e-form=
s,
much like attachments to e-mail. E-forms are not paper forms. The EAMS paper
forms are called OCR forms. For more information regarding EAMS e-forms and=
OCR
forms please watch the EAMS decision point and forms submission demonstrati=
on
on our
The objectives of the EAMS e-forms trial are to enable
trial participants to file all of their documents in EAMS using e-forms
beginning as soon as possible after EAMS goes live in order to reduce the
amount of paper coming into the system, and to help DWC develop regulations=
for
e-form filing.
Since you need a logon and a password to access e-for=
ms,
and logons will be issued to a filing location (not an individual) on a lim=
ited
basis, you must agree to file all documents from that location into EAMS us=
ing
e-forms and you must accept the contractual conditions of the e-forms trial=
to participate.
Once you've reviewed the decision point and forms
submission demos, along with the e-forms trial agreement posted on the &=
#8220;working
in EAMS” Web site, and have decided you'd like to be
considered for the e-forms trial, send an e-mail to eams@dir.ca.gov with
"e-forms trial participation" in the subject line.
Q: We are a collection company with
representatives who represent a number of different lien claimants. May our
lien representatives use their lien claimant client's ID to participate in =
one
of the e-forms trials?
A: No. In EAMS, each office of your
collection company will be registered as a participant under its own name a=
nd
address, without any of its clients' names being registered as part of the
registration for your collection company.
Any of your company's lien claimant clients may have
submitted a separate request to participate in the e-forms trial under its =
own
name and address. If accepted in the trial, each of the offices of each of
those clients that submits 250 or more liens per year would be issued its o=
wn
EAMS logon. The registration information for each of those clients would
include the name and address of each such office. The name of your company
would not be registered in EAMS as part of the registration of any of your
client's offices.
Once the client receives the logon, if it wishes, it =
can
authorize any of its employees or independent contractors to use that login=
, provided
it has the legal authority to do so under HIPPA and so forth. Accordingly, =
if
the client wanted to permit an employee of your company to use its logon, t=
hen
that employee could file liens on behalf of that client.
If your company is the participant in the case, as a
representative of a lien claimant, use of your company's logon will provide
access to EAMS on all of your company's cases.
If your client is the participant in the case, then u=
sing
the lien claimant's logon will provide access to all of that lien claimant's
cases in EAMS.
Q: Is it too late to get into an E
forms trial? I read the requirements and think I qualify.
A: The first round already started but
you can submit your request to participate in subsequent rounds now. Reques=
ts
for participation in the e-forms trial must be submitted on behalf of your
entire organization or entire office. All filings from your office during t=
he
e-forms trial will be by e-form. Send an e-mail request to be part of a new
e-forms trial: EAMS@dir.ca.gov and
put "e-forms trial request" in the subject line of your e-mail.
Q: How are
mandatory settlement conference (MSC) dates selected?
A: Until e-filing becomes available, =
case
participants may file a paper declaration of readiness to proceed (DOR). EA=
MS
then selects the conference date and judge automatically. When e-filing bec=
omes
available, a case participant will be able to use the e-form DOR over the
Internet and will have a choice of seven dates. If those are not acceptable,
another three dates within pre-determined time frames will be offered. Only=
the
party requesting a conference by e-form will have a choice of dates-not the
opponent.
When setting dates, an individual participant's calen=
dar
will not be considered.
EAMS will attempt to set conferences before any
previously assigned judge, unless that judge is recused, or is unavailable =
in
the time frame designated for calendaring. If the assigned judge has taken
testimony and is not available for a conference assignment within the
pre-determined time frames in EAMS, the case will be set manually by the
presiding judge.
Q: How will
calendaring work in EAMS?
A: The process of filing a DOR for a
conference is discussed under "How are MSC dates selected?"
When a DOR is filed for an expedited hearing, these requests will be sent by
EAMS to a presiding judge queue for the manual setting of expedited hearing=
s.
At the time of a conference, when there is a request for trial, it will be
manually set by the calendar clerk.
Q: Can
continuances still be requested?
A: Yes. Continuances may be requested=
by
filing the appropriate request.
About hearings:Q: How will forms that now are fill=
ed out
by hand, such as the MSC statement and the C&R forms, at the district
offices be handled under EAMS?
A: Parties will be provided with the =
new
forms that they can fill out and submit, along with the requisite document
cover sheets and separator sheets so they can be scanned in. Documents must=
be
neat and legible so the data recognition feature in DWC's scanners can capt=
ure
as much information as possible.
Q: Can a docum=
ent
be displayed for everyone to see in the hearing room?
A: Yes. The judge will have more than=
one
monitor in the hearing room so he or she can turn one around to display
information to parties in the room.
Q: How will new
exhibits be brought into hearings?
A: The trial judge will identify the
document on the record the same way it's done now. After the trial, the cou=
rt
reporter will arrange to have the document scanned into EAMS and assigned a
document number. A sub-set of that document number will be used to identify
that exact document in the minutes of hearing and summary of evidence and w=
ill
be marked as an exhibit.
Q: What equipm=
ent
will be available in the hearing rooms?
A: Judges will have computers with EA=
MS
access and more than one monitor. The judge will use an additional monitor =
to
display information to parties in the hearing room.
Q: How will conferences be held in
EAMS?
A: Conferences will be held much the =
same
way as before EAMS. Those who require a trial will fill out a pretrial
conference statement and list their evidence, in addition to the unique
identifier number for each document. A mechanism is under development to
provide parties with a list of documents in the electronic file and the uni=
que
document identifier number until there is widespread electronic file access=
for
external users. Post-conference, this document will be scanned into EAMS and
reside there for use at trial. For all other dispositions, parties will
complete a paper pink sheet. The conference judge will fill out the disposi=
tion
and collect the pink sheets, which will be scanned into EAMS and the dispos=
ition
recorded following the conference.
Q: Will the "Minutes of Hearing
and Summary of Evidence" get uploaded to EAMS?
A: Yes. All minutes of hearing, produ=
ced
by court reporters after trial, will be uploaded into EAMS.
Q: How will the five-pager (pretria=
l conference
statement) be used in EAMS?
A: The pre-trial conference statement
will be the same as it is today. It will be completed in paper form and sca=
nned
into EAMS following the conference. At some future time, it may be possible=
to
create an electronic pre-trial conference statement for use at conferences.=
Q: What equipm=
ent
will be required?
A: EAMS was designed so that, once you
have access to the full electronic environment, all you need to access EAMS=
is
a computer with an Internet connection and Web browser.
Attorneys and claims administrators-especially those
participating in the e-forms trial-will find it useful to have a scanner to
facilitate the submission of documents.
Because electronic filing and EAMS access is not yet
generally available, parties not participating in the e-forms trial may wis=
h to
defer purchase of equipment they intend to use for EAMS unless they present=
ly
have another need for the equipment.
Q: Will it be
necessary for our legal staff to have a laptop and/or Internet wireless acc=
ess
when they attend hearings? We heard one company purchased laptops and
Blackberries with a wireless modem feature for each of its attorneys. Do you
think this is necessary?
A: No. While the court will be handli=
ng
hearings and trials utilizing the electronic EAMS file, parties may continu=
e to
use their paper or computer files in whatever form they choose. There will =
be a
printout list of the documents filed in the case, available to the parties =
at
the time of the MSC and trial. Attorneys will not be required to interact w=
ith
the DWC's EAMS file during a hearing. Therefore, it is not necessary to have
specific hardware or software available during a hearing.
Q: Printers: Do you have a list of
approved printers that are compatible with the new scanners?
A: No. Whether a particular printer
prints out forms that will work in the district office scanners can current=
ly
be determined by testing the printed draft forms in our forms test lab, or,
(after the internal users go live 8/25/08), by filing OCR forms printed from
your printer at the district office.
Important printing note:=
The preferred method for most of t=
he
forms which will yield the best results from our testing of various printers
from Adobe is: "Fit to Printable Area" with "Center and
Autorotate" turned on and zoom factor at 96 percent. Other print optio=
ns
may not result in as good results.
About correspondence/serving parties:
Q: How will
documents be served by the DWC?
A: Documents will be served by U.S. m=
ail,
fax or e-mail. Registered participants to a case will have the option to ch=
oose
one of these methods of service, but no more than one. If service by U.S. m=
ail
is selected, the person assigned to this task in the various units will pri=
nt
the documents and send the mail in much the same way as it is done now. If =
one
of the other methods is selected, EAMS will perform the service when reques=
ted.
For companion cases, service will need to be performed in each separate cas=
e.
Q: Is it required that copies of the
document cover sheet and separator sheets be included when serving filed
documents on the other parties?
A: No. The cover sheet and
separator sheets are for scanning purposes only.
Q: Where do I put the proof of serv=
ice
when I file an OCR form, such as a DOR?
A: If you are filing only one form, w=
ith
no supporting documents, the proof of service is placed just under the form,
without a separator sheet between the form and the proof of service. If you=
are
filing a form with one or more supporting documents, you will place the pro=
of
of service last with its own separator sheet on top.
Q: How will me=
thod
of service affect timing of appeals?
A: Parties will be able to specify a
preferred method of service, either by fax, email or U.S. mail. There will =
be a
new rule governing calculation of time for filing appeals.
Q: How does EA=
MS
handle documents requiring judges' signatures?
A: Judges will be able to sign docume=
nts
using electronic signatures.
Q: Will there =
be
standardized forms and templates in EAMS?
A: Yes. New optical character recogni=
tion
(OCR) forms are now posted on the f=
orms
page of the DWC Web site. If you are an OCR form filer, you will=
use
these forms or a form designed by your developer that works in an equivalent
fashion. If you are an e-forms trial participant you will use Web-based e-f=
orms
to submit your documents.
DWC will serve parties via their preferred method of
service on new standard templates.
Q: What happens if documents a=
re
filed improperly?
A: If a case participant discovers th=
at a
document is filed improperly, there will be procedure to correct this mista=
ke.
If information about a document filed in EAMS were discovered to be incorre=
ct,
any internal user could correct this error.
Q: Does EAMS l=
og
events (proof of service)?
A: Yes, EAMS maintains a chronological log of events in=
a
case.
Q: How do I change or add a name or
address in the EAMS database?
A: Forms filed in EAMS automatically
create new workers' compensation case files or open existing case files. Pa=
rt
of this automated process involves associating the related parties to their
cases. To ensure that parties are properly associated to cases in EAMS, a u=
niform
naming convention was created by the DWC for claims administrato=
rs
(insurance carriers who self-administer claims, third party administrators,=
and
self-insured self-administered employers) and representatives (attorneys and
non-attorney representatives). Uniform names for claims administrator=
s'
offices and representatives' offices are assigned by the DWC’s Central
Registration Unit (CRU). Changes or additions of name, location, mail=
ing
address, telephone, e-mail, fax, or preferred method of service must be
submitted to the CRU on letterhead with an authorized signature. Requ=
ests
may be submitted by e-mail to c=
ru@dir.ca.gov
or by fax to (888) 822-9309. The new assigned name or information wil=
l be
posted within 10 business days of receipt of the request.
Before EAMS go-live, DWC pre-registered approximately=
300
claims administrators' offices and 1,400 representatives' offices, accounti=
ng
for approximately 80 percent of current case volume. Claims administrators'
offices and representatives' offices that are not pre-registered must promp=
tly
register with the CRU to obtain uniform names for filing forms in EAMS.
Requests for new office names or name changes must conform to the naming
convention.
At this time the CRU is registering only claims
administrators' offices and representatives' offices. Other types of case
participants must notify the d=
istrict
office of changes of name, mailing address, or telephone number.=
Q: When a party edits their address
information in EAMS, how will other parties be notified?
A: Editing your information with the =
CRU
only constitutes notice to the DWC/WCAB of the change. EAMS does not serve
notice on other parties for you. All case participants must notify all
other case participants of any change of name, mailing address, or telephone
number
Q: Is there someplace in EAMS I can
tell what each party's preferred method of service is?
A: EAMS only reflects a party's prefe=
rred
method of service from EAMS to them. Parties can enter into agreement with =
each
other to use a method of service other than U.S. mail (for example, if a pa=
rty
prefers service from EAMS via e-mail, you could enter into an agreement with
that party to also serve them by e-mail). However, if no agreement exists,
service between parties or entities must be made by first class mail.
About EDEXQ: What changed in EDEX when EAMS w=
ent
live?
A: The division worked with all the
state's EDEX vendors to ensure the majority of services provided through ED=
EX
could continue. However, because the system from which EDEX gets data chang=
ed,
some of the data flowing through EDEX also changed.
EDEX is essentially a conduit through which system us=
ers,
such as lien claimants, health care organizations, attorneys and others get
information about cases before the DWC/Workers Compensation Appeals Board
(WCAB). Before EAMS went live, EDEX provided data contained in the WCAB onl=
ine
system to individuals and groups who used it in their case management funct=
ions
and to file liens in workers' compensation cases. When EAMS went live, the =
data
contained in the WCAB online system was moved over to EAMS and the WCAB onl=
ine
system was turned off. Because the system the division uses to house and ma=
nage
its data changed, and because the laws have changed since EDEX was initially
implemented, the way in which data is relayed through EDEX and the data
available to some EDEX users also changed.
Q: What exactly is different?
A: EDEX subscribers have been separat=
ed
into two groups (governmental entities and private entities) with different
levels of access to information. EDEX vendors are responsible for separating
their clients into the two groups. Additionally, EDEX vendors are required =
to
provide certification of each "governmental entity" client, other=
wise
the default return criteria for requested information will be at the level =
of
"private entity."
This distinction is made because under the law
governmental agencies have the right to more information than private entit=
ies.
Governmental entities-state and local agencies such as
cities and counties-may search the system using Social Security numbers and
will receive those numbers, along with injured worker addresses, with
information received through EDEX.
Private entity subscribers may search the system using
Social Security numbers, but the information returned from EDEX now contains
only the last four digits of the Social Security number, along with ZIP Code
and date of birth. The injured worker's residence address is no longer prov=
ided
to private entity subscribers. The subscriber receives the name and address=
of
the injured worker's attorney for service of liens and supporting
documentation. If the injured worker is represented, the injured worker's l=
aw
firm information will be provided. The absence of law firm information will
indicate the injured worker is unrepresented.
Q: Any other changes?
A: Yes. Following the transfer to EAM=
S,
the ability to file an electronic notice of intention to file a lien in EDEX
ceased and lien claimants now need to file perfected liens at the district
offices once they find the case in EDEX.
This was required by state law and regulation prior to
the move to EAMS, but generally was not done correctly. For lien claimants,
this means first billing the insurance company/employer, waiting the statut=
ory
period of time for the bill to be paid timely, then filing the lien with
documentation of the services provided if the insurance company/employer do=
es
not pay the bill. Having the perfected lien will allow the lien claimant to
access the adjudication file information, will allow the lien claimant to
receive service from DWC of all hearing dates, will allow the judge in the =
case
to decide the claim, and will move cases more expeditiously through the sys=
tem
with minimal required continuances or docket impact. Having the address of =
the
injured worker's attorney will allow the lien claimant to serve the lien.
DWC is also working with the WCAB to revise regulatio=
ns
related to liens to clearly state that, when the case in chief has been
settled, the lien claimant doesn't have to serve the injured worker. In this
way, there is no need to have the injured worker's residence address.
DWC expects that most potential lien claimants will n=
ow:
1. Identify the case on which they want to file throu=
gh
EDEX
2. Bill the employer/insurance company for the services
3. Monitor the significant case events through EDEX, and then
4. File their lien and documentation at the district office.
Q: What about EDEX subscribers who =
are
not lien claimants?
A: Subscribers who are not lien claimants, such as defe=
nse
law firms, carriers and others, may continue to receive significant event
notification through EDEX as private entity subscribers. Now that the new
interface is in place, new case opening information does not contain injured
worker addresses and only contains the last four digits of the Social Secur=
ity
number. Any subscriber, whether governmental or private, can request hearing
notices on specific cases through EDEX, since only the case participants
automatically receive hearing notices from DWC through EAMS.
Q: Will there be regulatory changes
associated with this?
A: Yes. The WCAB regulations are being
amended to clarify that a lien may be filed before the parties are served. =
Section
10770 will be amended to state that if an applicant is represented the lien
only needs to be served on the attorney of record and not additionally on t=
he
applicant.
Once the perfected lien is filed, the lien claimant i=
s a
party to the case and may obtain the injured worker's residence address (wh=
ich
will be needed for service on an unrepresented applicant).
In order to reduce service requirements overall,
regulations will also be revised to state that if the case has been settled=
by
C&R, or the applicant's case in chief has been completely resolved, the
medical provider does not have to serve the injured worker or their
representative because, by that point, they are completely out of the case.=
By
doing this, DWC reduces the number of parties that need to be served in the
lien process.
Q: How does DWC envision providing
support to EDEX subscribers around these changes?
A: DWC established a working group wi=
th
all the EDEX vendors to develop the new interface and to educate subscribers
about the changes. DWC continues to provide updated information on this Web
site. If you have questions on this process, please submit them to your EDEX
vendor, who will pass them on to DWC.
About lien claimant-specific questions:
Q: How do I file a lien on an exist=
ing
workers' compensation case?
A: File a "Notice and Request for
Allowance of Lien" through EAMS, either by using an OCR form or an e-f=
orm
if you are an e-forms trial participant. If filing using OCR forms, mail yo=
ur
OCR forms set up properly with supporting documents and the necessary cover
sheets and separator sheets to the district office. If using e-forms attach
supporting documents to the e-form and submit them electronically.
Q: How do I file a DOR as a lien
claimant?
A: Follow the instructions in the O= CR forms handbook if you are using OCR forms. If you are an e-form filer, follow the instructions in the computer based training (CBT). Remember that you need to file a perfected lien, which means first billing the insurance company/employer, waiting the statutory period of time for the bill to be paid timely, then filing the lien with documentation of = the services provided if the insurance company/employer does not pay the bill.<= o:p>
Filing the perfected lien will allow you to access the
adjudication file information and receive service from DWC of all hearing
dates. It will also allow the judge in the case to decide the claim, and wi=
ll
move cases more expeditiously through the system with minimal required
continuances or docket impact.
DWC expects that most potential lien claimants will:<= o:p>
1. Identify the case on which they want to file throu=
gh
EDEX
2. Bill the employer/insurance company for the services
3. Monitor the significant case events through EDEX, and then
4. File their lien and documentation at the district office.
Q: Can I save an OCR form to my
computer after I have filled in all case specific information on the EAMS W=
eb
site?
A: It is possible to save filled out =
EAMS
OCR forms with all the information you entered, but it requires that you ha=
ve a
full version of ADOBE Acrobat, or another software package that will allow =
this
(not just the free ADOBE Acrobat Reader) installed on your computer. But fr=
om
the DWC Web site alone, without additional software installed on your compu=
ter,
you are only able to save a blank OCR form.
Q: Can I save my lien e-form as a f=
ile?
A:Yes. The form now allows you to sav=
e it
on your hard drive as a PDF and also print the entire document at one time =
from
this “PDF print” feature.
Q: Will I get notified in the future
when a case is opened in EAMS for a particular SSN?
A: EAMS doesn't provide that
functionality but EDEX does. You can use the services of an authorized EDEX
vendor for this.
Q: Can I start a batch search in EA=
MS
for a list of SSNs to find existing cases?
A: No. You can use EDEX for batch
inquiries.
Q: When I file a lien on multiple c=
ases
do I have to fill out an OCR form or e-form for each case?
A: Yes.
Q: How do I withdraw a lien?=
A: The current practice of submitting a
letter to withdraw a lien remains unchanged.
October 20, 2008
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