In May, WR reported Labor and Industries’ effort to address high cancellation rates of Independent Medical Exams (IME) following the mid-2023 implementation of HB 1609. L&I’s newly proposed co-recording concepts, aimed at resolving current policy issues, however, have proven to be unsatisfactory.
The stakeholder input process has lacked necessary transparency. L&I approached the process by segregating stakeholders in groups, leading to concerns about unequal influence and undermining the expectation of fairness in government decision-making.
The draft highlights some concerning disparities between workers and IME providers. For example, while workers can file complaints, IME firms and examiners do not have the same option. Additionally, an IME examiner could face penalties under RCW 51.48.080 if a worker feels pressured into agreeing to a co-recording. Examiners are also required to submit their recordings to L&I, whereas workers have the option to keep theirs private.
Moreover, L&I’s decision not to clarify the term “materially alter the recording” raises concerns about potential tampering, which could impact an examiner’s professional reputation. Their refusal to clarify this term is inconsistent given that similar explanations are provided in other Title 51 regulations, such as WAC 296-14-4121, which defines “willful misrepresentation” under RCW 51.32.240(5).
Independent Medical Exams play a crucial role in reviewing treatment and addressing potential misdiagnoses for injured workers. WR remains committed to safeguarding the integrity of this important tool within the workers’ compensation system.
