S-795                 _______________________________________________

                                                   SENATE BILL NO. 5752

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Anderson, Matson, Owen and McMullen

Read first time 2/6/89 and referred to Committee on  Economic Development & Labor.

AN ACT Relating to medical examinations under 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:

          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.  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.  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.

The department or the self-insurer shall be entitled to reimbursement from the worker for the cost of any scheduled examination arranged by the department or the self-insurer that the worker fails to attend without good cause.  Reimbursement may be offset against entitlement to benefits.  Disputes concerning whether there was good cause for a worker's failure to attend an examination shall be determined on the application of either party by the director or the director's designee with no right of appeal.

          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.