H-3564.1          _______________________________________________

                                  HOUSE BILL 2174

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Campbell, Smith, McMahan, Thompson and Cooke

Read first time 01/08/96.  Referred to Committee on Health Care.

Permitting workers to have representatives attend and make recordings of medical examinations.

     AN ACT Relating to industrial insurance medical examinations; and amending RCW 51.32.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 51.32.110 and 1993 c 375 s 1 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 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:

     (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.  The worker may, at his or her own expense, have a representative present at the medical examination.  The representative may observe the examination but not interfere with or obstruct the examination.  The worker or worker's representative may, at his or her own expense, make an audio or video tape recording of the examination, if the recording is made in an unobtrusive manner.

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