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WCB updates rulemaking notice options and affirms bifurcation rule after five-year review

Workers' Compensation Management-Labor Advisory Committee · January 8, 2026
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Summary

The Workers' Compensation Board has amended procedures to allow email notice for intended rulemaking and completed a five-year review of its bifurcation rule, concluding the rule met its intended purpose and remains needed.

The Workers' Compensation Board amended its procedure rules to allow notice for intended rulemaking actions by email in addition to, or instead of, paper mail, Cathy Ostrand told MLAC. Ostrand said the change is intended to broaden how the Board notifies stakeholders of intended rulemaking.

Ostrand also reported that the Board completed its five-year review of the rule permitting claimants to request bifurcation of attorney-fee determinations from the underlying claim in matters on Board review. The review included an advisory committee and public review; the Board concluded the rule had its intended effect and continues to be needed.