Several bills circulating in the House and Senate make significant changes to how workers’ compensation is managed in Washington.
HB 2689, sponsored by Rep. Jared Mead (D–Mill Creek), and SB 6440, sponsored by Sen. Derek Stanford (D–Bothell), place significant restrictions on the use of independent medical examinations (IME) by Labor and Industries (L&I) and self-insurers for workers compensation claims. Additionally, the bills regulate the conduct of the IME provider and provide new accommodations to claimants—including barring the use of a no-show fee in certain situations.
AWC is strongly opposed to the changes. The current system for using IMEs in the claims process provides both the claimant and the insurer with adequate access to resources to proper manage and resolve claims.
HB 2758, sponsored by Rep. Chris Corry (R–Yakima), allows 911 emergency dispatch personnel who receive calls and dispatch emergency services to make a workers’ compensation claim for posttraumatic stress disorder (PTSD) as an occupational disease. Baring a few exceptions, mental conditions such as PTSD are not classified as occupational diseases.
AWC has concerns about the potential for increased costs related to this expansion. Additionally, AWC would like to see a wholistic approach in considering which professions should be included in the exemption.
SB 6372, sponsored by Sen. Curtis King (R–Yakima), removes minimum age requirements from conditions needed to access structured settlements for injured workers. A structured settlement is an option to settle a workers’ compensation claim for fixed cash payments. Under the bill, qualified injured workers of any age could select from the following:
- Continue to receive all benefits of which they are eligible;
- Participate in vocational training; or
- Initiate and agree to a structured settlement.
SB 6373, sponsored by Sen. Curtis King (R–Yakima), provides self-insurers the ability to allow certain industrial insurance claims if the claim would entitle a worker to more than just medical treatment. To allow this claim, the self-insurer must issue an order to the injured worker, their attending medical provider, and Labor and Industries (L&I) within 60 days of the claim being filed. The bill also provides self-insurers a process to request more time to properly investigate the validity of the claim.
Dates to remember
HB 2758 is scheduled for public hearing in the House Labor & Workplace Standards Committee at 1:30 pm on Tuesday, January 27. The bill is also scheduled for executive session in the same committee at 8 am on Thursday, January 30.
SB 6372 is scheduled for public hearing in the Senate Labor & Commerce Committee at 8 am on Tuesday, January 28.
SB 6373 is scheduled for public hearing in the Senate Labor & Commerce Committee at 8 am on Tuesday, January 28.
SB 6440 is scheduled for public hearing in the Senate Labor & Commerce Committee at 8 am on Tuesday, January 28.