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Bills address worker rights in medical evaluations

Posted On: Jan. 13, 2022 10:04 AM CST

evaluations

Bills introduced in the Washington State Legislature would establish workers’ rights during independent medical evaluations.

H.B. 1763 and companion bill S.B. 5627 would declare that injured workers have the right to record independent medical examinations. The House Committee on Labor and Workplace Standards is hearing the measure on Friday. The Senate version was referred to the Senate Committee on Labor, Commerce and Tribal Affairs Monday but hasn’t been scheduled for a hearing.

Under both measures, workers would be required to cover recording costs and, upon request, provide one copy of the recording to the Department of Labor & Industries or self-insured reporter, under terms of the bills.

The bills would also allow injured workers to bring one person other than a legal representative to observe IMEs. The observer would have to “be unobtrusive and not interfere with the exam,” according to drafts.

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