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Policy Matters Brief – September 23, 2025

September 23, 2025 · Public Policy & Regulatory Affairs Team

Alaska discusses 2026 fee schedule

The Alaska Workers’ Compensation Board and Medical Services Review Committee conducted a special joint meeting on August 22 to discuss and recommend changes to the Alaska Medical Fee Schedule to be adopted for 2026. Once adopted, the final fee schedule can be found here: https://labor.alaska.gov/wc/ak-medical-fee.htm.  

California legislature sends presumption bills to governor

Assembly Bill 1125 modifies an existing presumption for heart trouble and other cardiac conditions for certain peace officers and administrative officers to now include officers and employees of the Department of Corrections.

Senate Bill 230 modifies existing law which provides for presumptions for various injuries and illnesses frequently associated with employment as a firefighter to now cover firefighters employed at commercial airports.

California updates two fee schedules & proposes mtus changes

The California Division of Workers’ Compensation (DWC) recently updated two medical services fee schedules for its Ambulatory Surgical Centers and its Pathology and Clinical Laboratory. The updates addressed recent CMS changes to their payment systems. More information on the updates can be found here. 

The DWC also recently released proposed changes to several medical treatment utilization schedules and published a notice of rulemaking to update the Shoulder, Elbow, Hand (Wrist and Forearm) and Traumatic Brain Injury Guideline. A hearing is scheduled for September 26 and more information on the hearing and the proposed MTUS changes can be found here.

Colorado proposes changes to medical fee schedule

The Colorado Division of Workers’ Compensation (DOWC) has proposed changes to Rule 18 as well as to the workers’ compensation medical fee schedule; and on September 15, held a public hearing on those changes, which can be viewed at https://cdle.colorado.gov/dwc/attorneys/workers-compensation-proposed-and-adopted-rules.

Florida updates expert medical advisor fees

In August, the Florida Division of Workers’ Compensation released a bulletin notifying stakeholders of an update to Rule 69L-30.008. The rule, which covers billing and reimbursement for expert medical advisor fees, was updated to incorporate a statutory change that increases witness fees during a deposition to $300 per hour. The rule, which took effect on August 27, 2025, can be found here.

Michigan bill would create presumption for cancer diagnosis 

A Michigan legislator recently introduced a bill that would create a presumption for medical examiners diagnosed with cancer. House Bill 4764 would create this presumption for medical examiners with more than 60 months of active service, which increases the potential exposure to cancer causing agents in the workplace.

The bill is currently in the Michigan House and if passed would take effect on January 1, 2026. 

Nevada moves forward with drug formulary

The Nevada Department of Industrial Relations (DIR) issued a notice regarding the official adoption of the Official Disability Guidelines (ODG) as the source of their coming drug formulary. Pursuant to the passage of Senate Bill 317, the State will be implementing a workers’ compensation drug formulary which will take full effect on July 1, 2027.  

During the next few months, the DIR will hold stakeholder meetings and trainings as it develops a regulatory framework around the coming drug formulary. Information on participating in the first training webinar can be found below:

Webinar: “The ODG Drug Formulary: A Comprehensive Guide for the State of Nevada”
November 5, 2025 | 11:00 a.m. PST
Register at: https://info.mcg.com/odg-webinar-nevada.html

New Hampshire holds hearings on proposed rules

New Jersey governor signs PTSD counseling bill

New Jersey Governor Phil Murphy recently signed a bill that will require workers’ compensation payers to cover at least 12 hours of counseling for first responders with certain PTSD claim(s). Bill AB 5792 requires workers’ compensation coverage for counseling when workers are exposed to certain serious bodily injury or exposed to serious bodily injury or investigating crimes against children. 

First responders are allowed to choose a treating provider and the employer could be required to pay for another 24 hours of counseling if the provider declares that the first responder would benefit from extending coverage. The bill took effect upon signature.

Oregon revises supplemental disability processing and reimbursement forms and formats

The Oregan Workers’ Compensation Division revised Form 3504 (“Supplemental Disability Benefits Quarterly Reimbursement Request”), Form 3530 (“Supplemental Disability Election Notification”), and Form 3531 (“Physician Authorization of Supplemental Disability”) effective August 1, 2025. Related to these changes, on August 29, 2025 the Division revised Bulletin No. 325 on the subject of Supplemental Disability Payment and Reimbursement, which replaced the previous version of the bulletin issued on November 10, 2009. Current versions of the forms and all other Oregon Division of Workers’ Compensation Division forms can be accessed here.

Oregon revises form and guidance on worker requests for claim classification review

The Oregon Workers’ Compensation Division also revised Form 2943 (“Workers Request for Claims Classification Review”) effective August 11, 2025. The Division also revised Bulletin No. 337, which detailed the process for requesting review of an insurer’s classification of a claim as nondisabling and replaced the previous version of the bulletin issued on March 31, 2020. The current version of the form and all other Oregon Division of Workers’ Compensation Division forms can be accessed here.

Rhode Island Department of Labor and Training on maximum compensation rate increase 

The Rhode Island Department of Labor and Training (DLT) Information letter 25-04, in accordance with Section 28-33-17 of the Rhode Island Workers’ Compensation Act, the Rhode Island Department of Labor and Training (DLT) Information letter 25-04 adjusted its maximum total disability weekly compensation rate at $1,622.00 for injuries occurring on or after October 1, 2025. Click here for more information

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