SENATE BILL REPORT

SB 5752

BYSenators Anderson, Matson, Owen and McMullen

Revising provisions for medical examinations under industrial insurance.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 15, 1989; March 1, 1989

Majority Report:  Do pass.

      Signed by Senators Lee, Chairman; Anderson, Vice Chairman; McDonald, Matson, Saling, West.

Senate Staff:Jonathan Seib (786-7427)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, MARCH 1, 1989

BACKGROUND:

RCW 51.32.110 allows the Department of Labor and Industries or a self-insurer, with the approval of the department, to suspend action on the industrial insurance claim of any worker who acts, or fails to act, in ways which jeopardize recovery and rehabilitation.

The section also requires workers making industrial insurance claims to submit to a medical examination when requested by the Department of Labor and Industries or a self-insurer.  It does not provide for any reimbursement of costs should a worker fail to attend a department or self-insurer arranged examination.

SUMMARY:

A self-insurer no longer needs the approval of the Department of Labor and Industries to suspend action on an industrial insurance claim of a worker jeopardizing his or her recovery and rehabilitation.

A worker who, without good cause, fails to attend a medical examination arranged by the department or a self-insurer must reimburse the department or the self-insurer for costs.  Reimbursements may be offset against benefits.  What constitutes "good cause" shall be determined by the director of the department on the application of either party, with no right of appeal.

Appropriation:    none

Revenue:    yes

Fiscal Note:      available

Senate Committee - Testified: Kathryn Fewell, WSIA/Weyerhauser Co. (pro); Shannon Williams, Medical Consultants Northwest (pro)