_______________________________________________
HOUSE
BILL 1244
_______________________________________________
Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 01/20/93. Referred to Committee on Commerce & Labor.
Providing for payments for time lost from work while attending a medical
examination for industrial insurance.
AN ACT Relating to payments for time lost from
work while attending a medical examination for industrial insurance; and
amending RCW 51.32.110.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 51.32.110 and 1980 c 14 s 11 are each amended to read as follows:
(1) Any worker entitled to receive any
benefits or claiming such under this title shall, if requested by the
department or self-insurer, submit himself or herself for medical examination,
at a time and from time to time, at a place reasonably convenient for the
worker and as may be provided by the rules of the department.
(2) If the worker refuses to submit to
medical examination, or obstructs the same, or, if any injured worker shall
persist in unsanitary or injurious practices which tend to imperil or retard
his or her recovery, or shall refuse to submit to such medical or surgical
treatment as is reasonably essential to his or her recovery or refuse or
obstruct evaluation or examination for the purpose of vocational rehabilitation
or does not cooperate in reasonable efforts at such rehabilitation, the
department or the self-insurer upon approval by the department, with notice to
the worker may suspend any further action on any claim of such worker so long
as such refusal, obstruction, noncooperation, or practice continues and reduce,
suspend, or deny any compensation for such period: PROVIDED, That the
department or the self-insurer shall not suspend any further action on any
claim of a worker or reduce, suspend, or deny any compensation if a worker has
good cause for refusing to submit to or to obstruct any examination,
evaluation, treatment or practice requested by the department or required under
this section.
(3) If the worker necessarily incurs
traveling expenses in attending ((for)) the examination pursuant
to the request of the department, such traveling expenses shall be repaid to
him or her out of the accident fund upon proper voucher and audit or shall be
repaid by the self-insurer, as the case may be.
(4)(a) If the medical examination
required by this section causes the worker to be absent from his or her work
without pay ((he or she shall be paid for such time lost in accordance with
the schedule of payments provided in RCW 51.32.090 as amended)):
(i) In the case of a worker insured by the
department, the worker shall be paid compensation out of the accident fund in
an amount equal to his or her usual wages for the time lost from work while attending
the medical examination; or
(ii) In the case of a worker of a
self-insurer, the self-insurer shall pay the worker an amount equal to his or
her usual wages for the time lost from work while attending the medical
examination.
(b) This subsection (4) shall apply
prospectively to all claims regardless of the date of injury.
