BP BHEAD INT S

AN ACT Relating to disqualification from industrial insurance compensation for worker's intoxication or controlled substance use; and amending RCW 51.32.020 and 51.32.110.

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

Sec. 1. RCW 51.32.020 and 1977 ex.s. c 350 s 39 are each amended to read as follows:

If injury or death results to a worker from the deliberate intention of the worker himself or herself to produce such injury or death, from the worker's intoxication or use of a controlled substance defined in the Uniform Controlled Substances Act, chapter 69.50 RCW, or while the worker is engaged in the attempt to commit, or the commission of, a felony, neither the worker nor the widow, widower, child, or dependent of the worker shall receive any payment under this title. If the worker has the same or greater weight of alcohol in the blood than that set forth in RCW 46.61.502 or if the worker had positive confirmation of a controlled substance, it must be presumed that the injury was caused by the intoxication of alcohol or by the influence of the controlled substance.

An invalid child, while being supported and cared for in a state institution, shall not receive compensation under this chapter.

No payment shall be made to or for a natural child of a deceased worker and, at the same time, as the stepchild of a deceased worker.

Sec. 2. RCW 51.32.110 and 1993 c 375 s 1 are each amended to read as follows:

(1) Any worker entitled to receive any benefits or claiming such under this title or who was involved in an injury at work 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. If requested by the employer, the physical examination shall include the taking of blood or urine samples, or both, to determine whether the employee, at the time of the injury, was under the influence of alcohol or any controlled substance as defined in the Uniform Controlled Substances Act, chapter 69.50 RCW.

(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 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)(a) If the medical examination required by this section causes the worker to be absent from his or her work without pay:

(i) 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

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

(b) This subsection (4) shall apply prospectively to all claims regardless of the date of injury.