H-3466              _______________________________________________

                                                   HOUSE BILL NO. 2699

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Cole, Wolfe, Prentice, Walker, Rector, R. King, Leonard, Jones, Vekich, Winsley, O'Brien, Crane and Wineberry

Read first time 1/19/90 and referred to Committee on Commerce & Labor.

AN ACT Relating to payments for time lost from work while attending a medical examination for industrial insurance; and amending RCW 51.32.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 11, chapter 14, Laws of 1980 and RCW 51.32.110 are each amended to read as follows:

(1) Any worker entitled to receive any benefits or claiming such under this title shall, if requested by the department or self-insurer, submit himself or herself for medical examination, at a time and from time to time, at a place reasonably convenient for the worker and as may be provided by the rules of the department.

(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 the  department or the self-insurer shall not suspend any further action on any claim of a worker or reduce, suspend, or deny any compensation if a worker has good cause for refusing to submit to or to obstruct any examination, evaluation, treatment or practice requested by the department or required under this section.

(3) If the worker necessarily incurs traveling expenses in attending ((for)) 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) If the medical examination required by this section causes the worker to be absent from his or her work ((without pay he or she shall be paid for such time lost in accordance with the schedule of payments provided in RCW 51.32.090 as amended)):

(a) 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

(b) In the case of a worker of a self-insurer, the self-insurer shall pay the worker his or her usual wages for the time lost from work while attending the medical examination.