"New medical issue" means a medical issue not covered by a previous medical examination requested by the department or the self-insurer such as an issue regarding medical causation, medical treatment, work restrictions, or evaluating permanent partial disability.
(1)
(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
(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.
(1) An independent medical examination work group is established within the department of labor and industries, with members as provided in this subsection.
(a) The speaker of the house of representatives shall appoint two members from the house of representatives, with one member appointed from each of the two largest caucuses of the house of representatives;
(b) The president of the senate shall appoint two members from the senate, with one member appointed from each of the two largest caucuses of the senate;
(c) The department of labor and industries shall appoint one business representative representing employers participating in the state fund;
(d) The department of labor and industries shall appoint one business representative representing employers who are self-insured for purposes of workers' compensation insurance;
(e) The department of labor and industries shall appoint two labor representatives;
(f) The department of labor and industries shall appoint one representative of both an association representing physicians who perform examinations for purposes of workers' compensation insurance and the panel companies that work with them; and
(g) The department of labor and industries shall appoint one attorney who represents injured workers.
(2) The work group must:
(a) Develop strategies for reducing the number of medical examinations per claim while considering claim duration and medical complexity;
(b) Develop strategies for improving access to medical records, including records and reports created during the course of or pursuant to an examination;
(c) Consider whether the department of labor and industries should do all the scheduling of independent medical examinations;
(d) Consider the circumstances for which independent medical examiners should be randomly selected or specified;
(e) Consider workers' rights in the independent medical examination process including attendance, specialist consultations, the audio or video recording of examinations, and the distance and location of examinations;
(f) Recommend changes to improve the efficiency of the independent medical examination process; and
(g) Identify barriers to increasing the supply of in-state physicians willing to do independent medical examinations in the workers' compensation system.
(3) The department of labor and industries must report its findings and recommendations to the legislature by December 11, 2020.
(4) This section expires December 31, 2020.
(1) The department may adopt rules to implement section 3 of this act.
(2) The department must adopt rules, policies, and processes governing the use of telemedicine for independent medical examinations under section 3 of this act. Development of rules may include a pilot project. Consideration should be given to all available research regarding the use of telemedicine for independent medical examinations.
Sections 1 through 3 of this act take effect January 1, 2021.