Workers' Compensation—General.  Workers who, in the course of employment, are injured or disabled from an occupational disease are entitled to workers' compensation benefits, which may include medical, temporary time-loss, vocational rehabilitation benefits, and permanent disability benefits (pensions).  The Department of Labor and Industries (L&I) administers the state's workers' compensation system.
 
Independent Medical Exams.  A worker must submit to examination by a physician or physicians selected by L&I, referred to as an independent medical exam (IME), whenever L&I or the self-insurer deems it necessary for certain purposes. The purposes are to (1) make a decision regarding claim allowance or reopening, (2) resolve a new medical issue, an appeal, or case progress, or (3) evaluate the worker's permanent disability or work restriction.
 
Examination means a physical or mental examination by a medical care provider licensed to practice medicine, osteopathy, podiatry, chiropractic, dentistry, or psychiatry at the request of L&I, a self-insured employer, or the Board of Industrial Insurance Appeals (BIIA).
 
A written report must be provided to the person ordering the examination, the attending physician, and the injured worker.
 
Independent Medical Exam—Reasonable Location.  The IME must be at a place reasonably convenient to the injured worker, or alternatively utilize telemedicine if L&I determines telemedicine is appropriate. Reasonably convenient means at a place where residents in the injured worker's community would normally travel to seek medical care for the same specialty as the examiner. L&I is required to address in rule how to accommodate the injured worker if no approved medical examiner in the specialty needed is available in that community.
 
Records and Costs.  L&I or self-insurer must provide the physician performing an examination with all relevant medical records from the worker's claim file. The L&I director may charge the cost of such examination or examinations to the self-insurer or to the medical aid fund.  The cost of the IME includes payment to the worker of reasonable expenses connected with the IME.

Recording Independent Medical Exams.  The worker has the right to record the audio, video, or both, of all IMEs ordered by L&I, the self-insured employer, or by BIIA.  The worker or the worker's representative must provide notice to the entity scheduling the examination that the examination will be recorded no less than seven calendar days before the date of the examination.  L&I must adopt rules to define the notification process.

The worker must take reasonable steps to ensure the recording equipment does not interfere with the IME. The worker may not hold the recording equipment while the IME is occurring. The worker is responsible for paying the costs of recording.  
 
Upon request, the worker must provide one copy of the recording to L&I or the self-insured employer within 14 days of receiving the request, but not before the issuance of a written report. These recordings are confidential.
 
The worker may not materially alter the recording. Workers' compensation benefits received as a result of any material alteration of the recording by the worker or done on the worker's behalf may be subject to repayment. The worker may not post the recording to social media.
 
Observer During Independent Medical Exams.  The worker has the right to have one adult of the worker's choosing, to be present to observe all IMEs ordered by L&I, a self-insurer, or by BIIA. The observer must be unobtrusive and not interfere with the exam. The observer may not be the worker's legal representative, an employee of the legal representative, the worker's attending provider, or an employee of the worker's attending provider.

The committee recommended a different version of the bill than what was heard. PRO:  Allowing recording and witnesses to exams is necessary to keep doctors honest and accountable and to give workers protections.  Doctors who do not consent to being recorded will not be hired, as that will be an integral part of the job. 
 
This bill is similar to adding police body cameras, and it will similarly improve the profession.   It is currently the doctor’s word against the patients.  Some doctors call workers liars and don’t document the workers' concerns.   Injured workers should not have to hire an attorney to prove that they are not liars, con artists, or “druggies,” against their doctor’s claims.
 
CON:  Recording is not recommended and violates the two-party consent rule.  The confidential relationship and conversations between doctor and patient should be protected.  Workers will not be willing to discuss their most private and sensitive issues in the presence of a camera or friend or family member.
 
Reasonable changes could be made to make this bill more palatable, including protecting the video recordings and making them immediately available to both the doctor and patient.  There are concerns about the reliability of amateur videos, which can be easily edited, and the potential misuse and sharing of the videos.