Revised Code of Washington
Chapter 51.32 - Compensation—Right to and Amount.
51.32.110 - Medical examination—Refusal to submit—Traveling expenses—Pay for time lost.

RCW 51.32.110
Medical examination—Refusal to submit—Traveling expenses—Pay for time lost.

(1) As required under RCW 51.36.070, any worker entitled to receive any benefits or claiming such under this title shall, if requested by the department or self-insurer, submit himself or herself for medical examination, at a place reasonably convenient for the worker. An injured worker, whether an alien or other injured worker, who is not residing in the United States at the time that a medical examination is requested may be required to submit to an examination at any location in the United States determined by the department or self-insurer.
(2) If the worker refuses to submit to medical examination, or obstructs the same, or, if any injured worker shall persist in unsanitary or injurious practices which tend to imperil or retard his or her recovery, or shall refuse to submit to such medical or surgical treatment as is reasonably essential to his or her recovery or refuse or obstruct evaluation or examination for the purpose of vocational rehabilitation or does not cooperate in reasonable efforts at such rehabilitation, the department or the self-insurer upon approval by the department, with notice to the worker may suspend any further action on any claim of such worker so long as such refusal, obstruction, noncooperation, or practice continues and reduce, suspend, or deny any compensation for such period: PROVIDED, That (a) the department or the self-insurer shall not suspend any further action on any claim of a worker or reduce, suspend, or deny any compensation if a worker has good cause for refusing to submit to or to obstruct any examination, evaluation, treatment or practice requested by the department or required under this section and (b) the department may not assess a no-show fee against the worker if the worker gives at least five business days' notice of the worker's intent not to attend the examination.
(3) If the worker necessarily incurs traveling expenses in attending the examination pursuant to the request of the department, such traveling expenses shall be repaid to him or her out of the accident fund upon proper voucher and audit or shall be repaid by the self-insurer, as the case may be.
(4)(a) If the medical examination required by this section causes the worker to be absent from his or her work without pay:
(i) In the case of a worker insured by the department, the worker shall be paid compensation out of the accident fund in an amount equal to his or her usual wages for the time lost from work while attending the medical examination; or
(ii) In the case of a worker of a self-insurer, the self-insurer shall pay the worker an amount equal to his or her usual wages for the time lost from work while attending the medical examination.
(b) This subsection (4) shall apply prospectively to all claims regardless of the date of injury.

[ 2020 c 213 § 2; 1997 c 325 § 3; 1993 c 375 § 1; 1980 c 14 § 11. Prior: 1977 ex.s. c 350 § 50; 1977 ex.s. c 323 § 17; 1971 ex.s. c 289 § 13; 1961 c 23 § 51.32.110; prior: 1917 c 28 § 18; 1915 c 188 § 5; 1911 c 74 § 13; RRS § 7688.]
NOTES:

Effective date—2020 c 213 §§ 1-3: See note following RCW 51.08.121.


Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.


Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

Structure Revised Code of Washington

Revised Code of Washington

Title 51 - Industrial Insurance

Chapter 51.32 - Compensation—Right to and Amount.

51.32.010 - Who entitled to compensation.

51.32.015 - Time and place of coverage—Lunch period.

51.32.020 - Who not entitled to compensation.

51.32.025 - Payments for children cease at age eighteen—Exceptions.

51.32.030 - When compensation payable to employer or member of corporate employer.

51.32.040 - Protection of awards—Payment after death—Time limitations for filing—Confinement in institution.

51.32.045 - Direct deposit or electronic payment of benefits.

51.32.050 - Death benefits.

51.32.055 - Determination of permanent disabilities—Closure of claims by self-insurers.

51.32.060 - Permanent total disability compensation—Personal attendant.

51.32.067 - Permanent total disability—Death benefit options—Election.

51.32.072 - Additional payments for prior pensioners—Children—Remarriage—Attendant.

51.32.073 - Additional payments for prior pensioners—Premium liability of worker and employer for additional payments.

51.32.075 - Adjustments in compensation or death benefits.

51.32.080 - Permanent partial disability—Specified—Unspecified, rules for classification—Injury after permanent partial disability.

51.32.090 - Temporary total disability—Partial restoration of earning power—Return to available work—When employer continues wages—Limitations—Finding—Rules.

51.32.095 - Vocational rehabilitation services—Benefits—Priorities—Allowable costs—Performance criteria.

51.32.096 - Vocational rehabilitation benefits and options—Advisory committee—Procedures—Requirements—Definitions—Costs.

51.32.098 - Vocational rehabilitation services—Applicability.

51.32.099 - Vocational rehabilitation pilot program—Vocational plans.

51.32.100 - Preexisting disease.

51.32.110 - Medical examination—Refusal to submit—Traveling expenses—Pay for time lost.

51.32.112 - Medical examination—Standards and criteria—Special examinations by chiropractors—Compensation guidelines and reporting criteria.

51.32.114 - Medical examination—Department to monitor quality and objectivity.

51.32.120 - Further accident after lump sum payment.

51.32.130 - Lump sum for death or permanent total disability.

51.32.135 - Closing of claim in pension cases—Consent of spouse.

51.32.140 - Nonresident alien beneficiary.

51.32.150 - Lump sum to beneficiary outside state.

51.32.160 - Aggravation, diminution, or termination.

51.32.180 - Occupational diseases—Limitation.

51.32.181 - Occupational diseases—Public health emergencies—Infectious or contagious diseases.

51.32.185 - Occupational diseases—Presumption of occupational disease for firefighters and fire investigators—Limitations—Exception—Rules—Advisory committee on occupational disease presumptions.

51.32.187 - Exposed workers—Prima facie presumption of certain occupational diseases—Rebuttal—Definitions.

51.32.1871 - Annual report on claims.

51.32.190 - Self-insurers—Notice of denial of claim, reasons—Procedure—Powers and duties of director.

51.32.195 - Self-insurers—Information to department.

51.32.200 - Self-insurers—Enforcement of compensation order against.

51.32.210 - Claims of injured workers, prompt action—Payment—Acceptance—Effect.

51.32.215 - Payment of compensation after appeal—Enforcement of order—Penalty.

51.32.220 - Reduction in total disability compensation—Limitations—Notice—Waiver—Adjustment for retroactive reduction in federal social security disability benefit—Restrictions.

51.32.225 - Reduction in total disability compensation—Offset for social security retirement benefits.

51.32.230 - Recovery of overpayments.

51.32.240 - Erroneous payments—Payments induced by willful misrepresentation—Adjustment for self-insurer's failure to pay benefits—Recoupment of overpayments by self-insurer—Penalty—Appeal—Enforcement of orders.

51.32.242 - Self-insured employer overpayment reimbursement fund—Withholding from worker earnings—Use of funds—Exception.

51.32.250 - Payment of job modification costs.

51.32.260 - Compensation for loss or damage to personal effects.

51.32.300 - State employee vocational rehabilitation coordinator.

51.32.350 - Chemically related illness—Criteria and procedures for claims—Claims management.

51.32.360 - Chemically related illness—Centers for research and clinical assessment.

51.32.370 - Chemically related illness—Research projects—Implementation plan—Funding—Deductions from employees' pay.

51.32.380 - Injured offenders—Benefits sent in the care of the department of corrections—Exception—Liability.

51.32.390 - Health care employees—Presumption of occupational disease for infectious or contagious diseases which are the subject of a public health emergency—Rebuttal—Limitations—Costs.