Audit Complaints
View Other Articles

EOR Non-compliant - Incomplete

Last update
May 15, 2024

When an EOR received from a claims administrator lacks information required by Appendix B of the DWC Billing and Payment Guide, we strongly recommend that you file an Audit Complaint. Doing so could improve California workers’ comp billing for the entire community.

Frequently Asked Questions

Q: What’s an Audit Complaint?

A: Audit Complaints are designed to alert the DWC to non-compliant behavior on the part of a claims administrator. Using your Audit Complaints, the DWC can intervene and correct a claims administrator’s improper bill processes.

Q: Will a claims administrator know if I file an Audit Complaint against them?

A: Not if you don’t want them to. The DWC allows you to file Audit Complaints confidentially, so reporting improper behavior poses no risk to your relationship with the claims administrator.

Q: Will filing an audit complaint guarantee correct reimbursement?

A: Not necessarily – the DWC cannot promise that every complaint will result in an audit or investigation. The DWC does intervene when appropriate, though, and the data collected from an Audit Complaint can ultimately lead to improvements across the entire California workers’ comp community.

Reason for Audit Complaint

Use this section to help you fill out the DWC Audit Referral form.

Bill Type:

Treatment and Services

Submission Type:

Request for Second Review (SBR)

Complaint Category:

EOR Non-compliant

Complaint Reason:

Final Second Review EOR lacks required information.

Additional Complaint Information:

Final EOR received from claims administrator responding to a Request for Second Review lacks information required by Appendix B of DWC Billing and Payment Guide. See Regulations and Rules cited below.

How to file an Audit Complaint

When a claims administrator incorrectly processes your request for Second Review you should:

  1. Contact Claims Administrator (Optional)
  • Inform claims administrator that your request for Second Review was compliant, complete, and included the required supporting documents.
  • Explain to the claims administrator that you have verifiable proof the claims administrator received the request for Second Review.
  • Alert the claims administrator that you intend to file an Audit Complaint to report the misprocessing of your request for Second Review.  
  1. File Audit Complaint
  • Create Audit Complaint:


  1. From Bill History, choose Audit Complaint Type: EOR Non-Compliant: Final Second Review EOR lacks required information.
  2. Additional Complaint Information noted above automatically populates the DWC Audit Referral Form.

Non DaisyBillers: Link to DWC’s Audit Referral Form (link to Form Directions).

  • Additional Comments: Provide details of conversations and emails with claims administrator, if any.
  • Additional Audit Complaint Document(s): Explanation of review (EOR) received from claims administrator.
  1. File a Lien (Optional)
  • File a lien within 18 months of the date of service citing the defendant allegedly failed to comply with the relevant requirements, timelines, and procedures set forth in Labor Code sections 4622, 4603.3, and 4603.6 and the related Rules of the Administrative Director - WCAB Rule §10451.2(c)(1)(D).

Regulations and Rules

Labor Code 4603.3. (a) 

Upon payment, adjustment, or denial of a complete or incomplete itemization of medical services, an employer shall provide an explanation of review in the manner prescribed by the administrative director.

Per the
Division of Workers’ Comp Billing and Payment Guide, an “Explanation of Review” (EOR) means the explanation of payment or the denial of the payment as defined in Appendix B.

Per Appendix B: This Appendix provides Explanation of Review (EOR) instructions for both paper and electronic EORs. The Explanation of Review is required to be used for both the original bill review determination and the final written determination that is issued by the claims administrator after processing a request for second review. When a bill is being paid in full or in part, the EOR also serves as a remittance advice.

CCR § 9792.5.5 Second Review of Medical Treatment Bill or Med-Legal Bill Subdivision (g) 

Within 14 days of receipt of a request for second review that complies with the requirements of subdivision (d), the claims administrator shall respond to the provider with a final written determination on each of the items or amounts in dispute by issuing an explanation of review. The determination shall contain all the information that is required to be set forth in an explanation of review under Labor Code section 4603.3, including an explanation of the time limit to raise any further objection regarding the amount paid for services and how to obtain independent bill review under Labor Code section 4603.6.

Additional Information

California Labor Code § 4603.3

California Code of Regulations § 9792.5.5

Division of Workers’ Compensation Medical Billing and Payment Guide

DaisyBill Resources

Blog Post: Audit Complaints – Making Things Right in Workers’ Comp

Webinar: Audit Complaints for Workers’ Compensation

DaisyBill Solution

With DaisyBill’s brilliant technology, it only takes 5 seconds for a DaisyBiller to file an Audit Complaint!


How did you like the article ?
Hands down the best way to quickly determine up-to-date reimbursements and past dates of service.
Start Free Trial