WSR 01-19-067

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed September 19, 2001, 8:11 a.m. ]

     Subject of Possible Rule Making: The subject of this rule making is whether an individual's subjective report of pain should be included in the permanent partial disability award paid pursuant to Title 51 RCW.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.010, 51.04.020, 51.04.030, 51.32.080, 51.32.110, 51.32.112, and 51.36.060.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The American Medical Association (AMA) has included a rating method for pain in its 5th edition of the Guides to the Evaluation of Permanent Impairment. The department must decide whether permanent partial disability awards paid pursuant to Title 51 RCW should include the person's subjective report of pain. If included in the disability award, the department must decide how it will measure the permanent impairment caused by the individual's reported pain.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Washington workers' compensation benefits as well as the benefits paid to victims of crimes are both governed by Title 51 RCW, Washington's Industrial Insurance Act. There are no other state or federal agencies responsible for interpreting and enforcing the provisions of this act.

     Process for Developing New Rule: The rule will be developed in consultation with major stakeholders and other interested parties: Workers Compensation Advisory Committee, Chiropractic Advisory Committee, Washington State Medical Association's Industrial Insurance Advisory Committee, Washington State Trial Lawyers Association.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Jami Lifka by phone (360) 902-4941, or fax (360) 902-4249, or mail Department of Labor and Industries, Office of the Medical Director, P.O. Box 44321, Olympia, WA 98504-4321.

September 19, 2001

Gary Moore

Director

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