HOUSE BILL REPORT

SHB 1170

BYHouse Committee on Commerce & Labor (originally sponsored by Representative Patrick)

Changing requirements for physicians retained by the medical bureau of the department of labor and industries.

House Committe on Commerce & Labor

Majority Report:  The substitute bill be substituted bill therefor and the substitute bill do pass.  (11)

      Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisher, Jones, R. King, O'Brien, Patrick, Sanders, Sayan, C. Smith and Walker.

House Staff:Chris Cordes (786-7117)

Rereferred House Committee on Ways & Means Appropriations

Majority Report:  The substitute bill by Committee on Commerce & Labor be substituted therefor and the substitute bill do pass.  (19)

      Signed by Representatives Locke, Chair; Braddock, Brough, Butterfield, Ebersole, Fuhrman, Grant, Grimm, Hine, McLean, Nealey, Peery, Sayan, Silver, H. Sommers, Spanel, Sprenkle, Wang and B. Williams.

House Staff:      Dave Knutson (786-7136)

AS PASSED HOUSE FEBRUARY 12, 1988

BACKGROUND:

Some industrial injuries result in permanent disability to the injured worker.  All benefit determinations for permanent disabilities are made by the Department of Labor and Industries.  The department may require an injured worker to present him or herself for a special medical examination.  The department also has authority to establish a medical bureau to perform special examinations.  Physicians hired for the bureau must be grounded in industrial medicine and in the assessment of industrial physical impairment.

SUMMARY:

The Department of Labor and Industries is directed to develop standards for the conduct of special medical examinations for determining permanent disabilities.  The standards will include the qualifications of persons conducting examinations and the criteria for the examinations and reports.  The department will also investigate the compensation paid to examiners and establish compensation guidelines.  The department will report no less than annually to the legislature on the special medical examination program.

EFFECT OF SENATE AMENDMENT(S):  The Senate amendments add two additional subjects for study by the Department of Labor and Industries.  First, the department will investigate the compliance of self-insured employers with industrial insurance claims reporting requirements, particularly medical examinations, and develop enforcement procedures.  Second, the department is directed to study the role of the attending physician in assuring an injured worker's early return to work, consistent with good medical care, and report to the legislature by December 1, 1988.

Appropriation:    $100,000 to the Department of Labor and Industries from the medical aid fund.

Fiscal Note:      Available.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    (Commerce & Labor)  Kate Austin, Gail Mayes and Bob Sevart, Injured Workers Awareness Coalition;  Ronald Nedwicke; Dave Cardwell; Howard Hicks; Cherie Winney; Linda Searcy; Joy French; and Dorothy Glass.

(Ways & Means/Appropriations)  Taylor Dennen, Labor & Industries; Chuck Baley, Wash. State Labor Council.

House Committee - Testified Against:      (Commerce & Labor)  Taylor Dennen, Department of Labor and Industries.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony For:    (Commerce & Labor)  Injured workers are frequently subjected to degrading medical examinations that do not objectively review the injured worker's condition.  In some instances, examiners have not been licensed to practice in Washington and the examiner does not have an active medical practice.

(Ways & Means/Appropriations)  None Presented.

House Committee - Testimony Against:      (Commerce & Labor)  The problems with medical examinations need to be addressed, but some of the bill's provisions would be counterproductive because examination results could be delayed.

(Ways & Means/Appropriations)  None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 91; Absent 2; Excused 5

Absent:     Representatives Basich, Day

Excused:    Representatives Allen, Braddock, Fergson, Fuhrman, Williams B