In 2023, legislation passed HB 1068 allowing workers to request that they can bring a third party to video record their independent medical examinations (IME). Washington Labor & Industries (L&I) relies on the Attorney General’s Office for their interpretation on the right to record being granted to the worker’s rather than the provider.
Sadly, L&I’s data presented to the Workers Compensation Advisory Committee on March 28 shows substantial increases in delays and cancellations of IME’s since this legislation became effective on July 23, 2023.
- IMEs with recording requests experienced a 30% to 60% cancellation rate compared to the average cancellation rate of 7.5% for IMEs without recording requests before and after the effective date of this legislation.
- The highest rate of IME recording requests by specialty is psychiatry (14% compared to a range of 5% to 9% for other specialties). During hearings, testimonies from psychiatrists have stated that having a third-party in the room would compromise the code of ethics in their specialty.
- 86% of claims with IME’s rescheduled for recording reasons are represented by law firms. In comparison, only 29% of claims with IMEs rescheduled for non-recording reasons have attorneys.
Overall, the cancellation rate of IMEs with recording requests is 17% whereas the cancellation rate for IMEs based on a random selection of claims is 11%
L&I recognizes that a serious problem is emerging and is attempting to craft some kind of solution to the adverse impact on workers’ recovery and rising claim costs. L&I is scheduling “listening sessions” with stakeholders over the next few weeks.
The employer’s listening session is scheduled for May 7th from 9:30 to 11 am, in person at L&I’s Tumwater Headquarters or via zoom, with the following login credentials: https://lni-wa-gov.zoom.us/j/86703201890?pwd=S21FWmszcVprVzJ3c29DOGt2MERVZz09
Meeting ID: 867 0320 1890
Passcode: f5uH^!$v
WR intends to work with all stakeholders to create solutions to the concerning data trend.
