The House Labor & Workplace Standards Committee is opening week 1 of the 2023 session with hearings on bills that would allow the recording of independent medical exams (IMEs) and allow certain applicants access to unemployment benefits if they voluntarily quit their jobs due to family care needs.

Recording IMEs: HB 1068, sponsored by Rep. Dan Bronoske (D–Lakewood), permits workers who are required to submit to an independent medical exam (IME) for workers’ compensation purposes to audio or video record the IME or allow a non-attorney third party observer to witness the exam. Recording equipment and observers would not be allowed to interfere with the exam, and the worker would be responsible for the cost of the recording. The bill also changes references to such exams as “compelled examinations.” Workers who record their IME would be required to provide a copy of the recording to employers on request within 14 days of the request.

Versions of this IME recording/observer concept have been proposed in the 2022 and 2021 sessions, and none so far have passed the Legislature. AWC has concerns about HB 1068 because of its potential impact on the availability of independent medical examiners and the neutrality of examinations. Allowing recording of IMEs could drive providers away for fear of malpractice liability, making it more difficult to get objective medical assessments in a timely fashion. We are also concerned that recording IMEs or allowing observers could result in biased exams as providers look to tell examinees or observers what they want to hear, eliminating the exam’s independence.

Voluntary separations: HB 1106, sponsored by Rep. Mary Fosse (D–Everett), permits certain individuals to be eligible for unemployment benefits if they voluntarily left employment due to death, illness, or disability of a family member or left work to care for a child or vulnerable adult. The bill includes circumstances where the former employee was unable to have care obligations be accommodated by their employer, or had a regular schedule unilaterally changed by the employer that interfered with at-home care obligations.

AWC does not have a position on HB 1106, though we do note that it could result in increased use of the unemployment insurance system that could increase costs. However, the bill exempts such additional use of the unemployment system from being counted against an employer when their insurance rates are calculated.

Dates to remember

HB 1068 and HB 1106 are both scheduled for a public hearing in the House Labor & Workplace Standards Committee on Tuesday, January 10 at 10:30 am.