SENATE BILL REPORT

ESSB 6625

BYSenate Committee on Economic Development & Labor (originally sponsored by Senators Smith, Anderson, Bauer and Zimmerman)

Allowing workers' compensation claimants to have a representative at the workers' medical examinations.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):January 25, 1988; February 2, 1988

Majority Report:  That Substitute Senate Bill No. 6625 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Lee, Chairman; Cantu, Conner, Deccio, McMullen, Saling, Smitherman.

Senate Staff:David Cheal (786-7576)

                  February 3, 1988

AS PASSED SENATE, FEBRUARY 11, 1988

BACKGROUND:

Injured workers entitled to receive workers' compensation benefits may be required to submit to medical examinations at various points during the life of the claim.  These medical examinations are almost always conducted by someone other than the primary treating physician, usually referred to as the attending physician.

Many complaints have been expressed during recent legislative hearings and to individual legislators of improper conduct by health care professionals conducting these independent medical examinations.  These complaints include sexual harassment of women claimants, and a generally confrontational approach challenging the existence or seriousness of the disability.

SUMMARY:

Any worker required to submit to an independent medical examination is entitled to be accompanied by any person of the worker's choosing who may be present during the entire examination.  Anyone accompanying a worker to an exam may not be compensated in any manner.

Application of the bill is limited to physical exams. It requires advance notice to the examining physician and prohibits interference with the exam on the part of any person accompanying a worker.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: FOR: Kate Austin; Gail Mayes; Taylor Dennen, Dept. of Labor and Industries