S‑0531.1   _____________________________________________

 

SENATE BILL 5205

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Prentice, Winsley, Fairley and T. Sheldon

 

Read first time 01/16/2001.  Referred to Committee on Labor, Commerce & Financial Institutions.

_1      AN ACT Relating to self-insurers providing information for

_2  independent medical examinations; and amending RCW 51.14.120.

     

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_4      Sec. 1.  RCW 51.14.120 and 1993 c 122 s 2 are each amended to read

_5  as follows:

_6      (1) The self-insurer shall provide, when authorized under RCW

_7  51.28.070, a copy of the employee's claim file at no cost within

_8  fifteen days of receipt of a request by the employee or the

_9  employee's representative, and shall provide a complete copy of

10  the employee's claim file to doctors performing independent

11  medical examinations.  If the self-insured employer determines

12  that release of the claim file to an unrepresented worker in whole

13  or in part, may not be in the worker's best interests, the

14  employer must submit a request for denial with an explanation

15  along with a copy of that portion of the claim file not previously

16  provided within twenty days after the request from the worker.  In

17  the case of second or subsequent requests, a reasonable charge for

18  copying may be made.  The self-insurer shall provide the entire

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_1  contents of the claim file unless the request is for only a

_2  particular portion of the file.  Any new material added to the claim

_3  file after the initial request shall be provided under the same

_4  terms and conditions as the initial request.

_5      (2) The self-insurer shall transmit notice to the department of

_6  any protest or appeal by an employee relating to the

_7  administration of an industrial injury or occupational disease

_8  claim under this chapter within five working days of receipt.  The

_9  date that the protest or appeal is received by the self-insurer

10  shall be deemed to be the date the protest is received by the

11  department for the purpose of RCW 51.52.050.

12      (3) The self-insurer shall submit a medical report with the

13  request for closure of a claim under this chapter.

 

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