HOUSE BILL REPORT

                     EHB 1285

                              As Passed House

                              January 24, 1992

Title:  An act relating to payments for time lost from work while attending a medical examination for industrial insurance.

Brief Description:  Providing for payments for time lost from work while attending a medical examination for industrial insurance.

Sponsor(s):  Representatives Franklin, Cole, Heavey, R. King, Prentice, O'Brien, Hargrove, Ludwig, Jones, Leonard, Riley, Dellwo and Basich.

Brief History:

   Reported by House Committee on:

Commerce & Labor, February 12, 1991, DPA;

Passed House, March 11, 1991, 90-0;

Passed House, January 24, 1992, 95-0.

HOUSE COMMITTEE ON

COMMERCE & LABOR

Majority Report: Do pass as amended.  Signed by 11 members:  Representatives Heavey, Chair; Cole, Vice Chair; Fuhrman, Ranking Minority Member; Lisk, Assistant Ranking Minority Member; Franklin; Jones; R. King; O'Brien; Prentice; Vance; and Wilson.

Staff:  Chris Cordes (786-7117).

Background:  An injured worker is required to submit to a medical examination when the examination is requested by the Department of Labor and Industries or a self-insured employer.  If the worker misses work without pay while attending the examination, the worker is entitled to temporary disability compensation for the time lost from work.

Summary of Bill:  An injured worker who misses work without pay while attending a required medical examination must receive compensation that is equal to his or her usual wages.  The act applies to all injured worker claims, regardless of the date of injury.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Workers should not be required to attend medical examinations during working hours and not be compensated their full wages for missing work.  Under the current schedule, they only receive part of their wages.  The worker does not initiate these examinations and cannot refuse to attend.

Testimony Against:  It is unclear how this compensation system would work.  Workers would actually get more than their full wages because the wages would be tax-free.  Employers' rates would increase as a result of paying the higher benefits.

Witnesses:  In favor: Jeff Johnson, Washington State Labor Council; Jim Boling; Cindy Zehnder, Teamsters; and Gary Marsh.  Opposed:  Melanie Stewart and Wayne Williams, Washington Self-Insurers Association; Clif Finch, Association of Washington Business; and Gary Smith, Independent Business Association.