57th Legislature

2001 Regular Session


Passed by the Senate March 14, 2001

  YEAS 49   NAYS 0




President of the Senate


Passed by the House April 6, 2001

  YEAS 93   NAYS 0




Speaker of the House of Representatives




Speaker of the House of Representatives








I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5205 as passed by the Senate and the House of Representatives on the dates hereon set forth.

















Governor of the State of Washington











Sectretary of State

State of Washington








Passed Legislature ‑ 2001 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Senate Committee on Labor, Commerce & Financial Institutions (originally sponsored by Senators Prentice, Winsley, Fairley and T. Sheldon)


READ FIRST TIME 02/12/01.   Requiring self‑insurers and the department to provide information for independent medical examinations. 

_1      AN ACT Relating to providing information for independent

_2  medical examinations; and amending RCW 51.14.120 and 51.36.070.




_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 the physician

10  performing an examination with all relevant medical records from

11  the worker's claim file, but only to the extent required of the

12  department under RCW 51.36.070.  If the self-insured employer

13  determines that release of the claim file to an unrepresented

14  worker in whole or in part, may not be in the worker's best

15  interests, the employer must submit a request for denial with an

16  explanation along with a copy of that portion of the claim file

17  not previously provided within twenty days after the request from

18  the worker.  In the case of second or subsequent requests, a

                               p. 1                   SSB 5205.PL

_1  reasonable charge for copying may be made.  The self-insurer shall

_2  provide the entire contents of the claim file unless the request

_3  is for only a particular portion of the file.  Any new material

_4  added to the claim file after the initial request shall be

_5  provided under the same terms and conditions as the initial

_6  request.

_7      (2) The self-insurer shall transmit notice to the department of

_8  any protest or appeal by an employee relating to the

_9  administration of an industrial injury or occupational disease

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

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

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

13  department for the purpose of RCW 51.52.050.

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

15  request for closure of a claim under this chapter.


16      Sec. 2.  RCW 51.36.070 and 1977 ex.s. c 350 s 60 are each amended

17  to read as follows:

18      Whenever the director or the self-insurer deems it necessary in

19  order to resolve any medical issue, a worker shall submit to

20  examination by a physician or physicians selected by the director,

21  with the rendition of a report to the person ordering the

22  examination.  The department or self-insurer shall provide the

23  physician performing an examination with all relevant medical

24  records from the worker's claim file.  The director, in his or her

25  discretion, may charge the cost of such examination or

26  examinations to the self-insurer or to the medical aid fund as the

27  case may be.  The cost of said examination shall include payment to

28  the worker of reasonable expenses connected therewith.


‑‑‑ END ‑‑‑


SSB 5205.PL                    p. 2