S-4887               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6740

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Economic Development & Labor (originally sponsored by Senator Matson)

Read first time 2/2/90.

AN ACT Relating to regulating medical treatment under the industrial insurance retrospective rating program; 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:

          Any worker entitled to receive any benefits or claiming such under this title shall, if requested by the department, retrospective rating program employer, 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.  No retrospective rating program employer may request a worker entitled to benefits or claiming benefits under this title to submit himself or herself to an independent medical examination more than twice in any four calendar month period for examination of the same injury except as approved by the department, a hearing tribunal, or a court.  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)) shall 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.  If the worker necessarily incurs traveling expenses in attending for 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.

          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.