DWC Draft ADA Accommodation Regulations for Public Comment
Summary
The California Division of Workers’ Compensation (DWC) has released draft regulations concerning ADA accommodations for public comment. The proposals include a process for blanket accommodation requests for remote appearances and a new form for filing disability discrimination complaints.
What changed
The California Division of Workers’ Compensation (DWC) has published draft regulations for public comment regarding Americans with Disabilities Act (ADA) accommodations. Key proposals include establishing a process for blanket offers of accommodation for multiple remote appearances before the Workers’ Compensation Appeals Board (WCAB) and introducing DWC Form 9008, a new form for filing grievances of disability discrimination against the division. The draft also outlines a procedure for investigating claims of ineffective accommodations, allowing litigants affected by issues like continuances or remote appearance problems to request an investigation.
Regulated entities, particularly employers and legal professionals involved in workers' compensation cases, should review these draft regulations. Public comments will be accepted via the DWC online forum until 5 p.m. on March 20, 2026. While these are draft regulations, the introduction of a formal grievance procedure and investigation process for ineffective accommodations suggests a heightened focus on compliance with ADA accommodation requirements within the workers' compensation system. The Administrative Director is required to respond to grievances within 35 days.
What to do next
- Review draft ADA accommodation regulations posted on the DWC online forum.
- Submit comments on the draft regulations via the DWC online forum by March 20, 2026.
- Prepare for potential implementation of new ADA accommodation procedures and complaint forms.
Source document (simplified)
NEWSLINE Release Number: 2026-23 Date: March 9, 2026
DWC posts proposal to update ADA accommodation regulations to online forum for public comment
The Division of Workers’ Compensation (DWC) has posted draft regulations regarding Americans with Disabilities Act (ADA) Accommodation to the online forum where members of the public may review and comment on the proposals. The draft regulations include:
- A process for requests of blanket offers of accommodation for multiple remote appearances at the Workers’ Compensation Appeals Board (WCAB).
- A new form to file a complaint of disability discrimination. DWC Form 9008 can be used to file a grievance of discrimination on the basis of disability by the division. The Administrative Director will respond in writing to the grievance within 35 days.
- Investigations of ineffective accommodations. Litigants that have been affected by courtroom accommodations such as multiple continuances or remote appearances can use the grievance procedure to request an investigation into whether granted accommodations were ineffective. The forum can be found online on the DWC forums web page under “ current forums.” Comments will be accepted on the forum until 5 p.m. March 20.
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