Last Friday the California Workers' Compensation Appeals Board (WCAB) posted their proposed regulations regarding EAMS for public comment. EAMS is the electronic adjudication management system that will "go live" in the summer or fall of 2008 and that will revolutionize the manner in which the WCAB and Division of Workers' Compensation do business in the state.

Some initial observations are:

• Most members of the workers' compensation community must file all pleadings, medical reports, liens, and other documents electronically. However, unrepresented workers or dependents as well as unrepresented uninsured employers may file documents in paper form.
• Since electronic documents are filed in cyberspace, there is no requirement that they be filed in a particular district office. The district office where headings are held or other action is taken in a case file will be subject to the same longstanding venue rules.
• For those permitted to file paper documents, they can file those documents with any district office, not just the district office having venue.
• EAMS access will be available at the district offices. The DWC is currently considering several options for external users to access EAMS at district office, such as kiosks and wireless internet access for those bringing laptops to the Board.
• EAMS may be used to perform a variety of functions, including setting hearings, assigning judges, serving notices of hearings, and serving findings, orders, decisions and awards.
• Prior to the EAMS go-live date, a pilot program will be conducted to test the system throughout the state.
• There are no fees associated with obtaining an EAMS login and password or for filing and accessing documents over the Internet using EAMS.

To review the WCAB's proposed regulations, go to http://www.dir.ca.gov/WCAB/WCABForum/1.asp

To read my blog California EAMS: Court Administrator Unveils Proposed Regulations for Public Comment, go to http://law.lexisnexis.com/blogs/Insurance/California-EAMS-Court-Administrator-Unveils-Proposed-Regulations-for-Public-Comment

For more information, see my earlier blog California EAMS: Talking 'Bout a Revolution at http://law.lexisnexis.com/blogs/Insurance/California-Division-of-Workers-Compensation-EAMS-Talking-Bout-a-Revolution