WSR 21-16-093
[Filed August 3, 2021, 10:11 a.m.]
Subject of Possible Rule Making: Title 296 WAC, industrial insurance, independent medical examinations (IME) - appeals.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.04.030.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: ESSB 6440, 2020 legislative session, limited the reasons IMEs could be used. One reason is to resolve an appeal, but there was no indication of when or under what circumstances such an IME would be appropriate. The changes affect employers who purchase workers' compensation coverage from the department (state fund) as well as self-insurers by limiting IMEs. Rule making allows the department of labor and industries to define criteria and/or determine limitations for these IMEs.
Process for Developing New Rule: Parties interested in these rules may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments and/or testimony during the public hearing and comment process. Public hearings will be held after the proposal is filed.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Suzy Campbell, Legal Services, P.O. Box 44270, Olympia, WA 98504-4270, phone 360-902-5003, fax 360-902-5029, TTY 360-902-4252, email
August 3, 2021
Joel Sacks