Week Two Legislative Update
Work sessions and public hearings this week
On Monday, the Senate Commerce & Labor Committee held a work session, described in last week's update, exploring issues raised in the 2015 annual report of the Ombuds for injured workers of self-insured employers related to utilization of Independent Medical Examinations (IMEs).
Donna Egeland, the Ombuds, shared information from her report with the committee and her desire to convene a roundtable in the legislative interim to discuss whether better training or communication techniques could help alleviate complaints to her office over perceived over-utilization of IMEs.
The committee also heard from IME doctor Daniel Brzusek of Northwest Rehabilitation Associates and IME coalition lobbyist Carolyn Logue on what IMEs actually are and what happens during them.
Kris Tefft on behalf of WSIA spoke about the need for better data to substantiate complaints and concerns raised, and expressed a willingness to work with the Ombuds and others on non-legislative solutions to IME complaints.
A retired Teamsters lobbyist and a claimant's attorney presented the point of view that IMEs are too frequently ordered and are abusive.
Labor & Industries' Vickie Kennedy spoke to the State Funds' statistics and experiences with IMEs, without really validating any concerns one way or the other.
The work session wrapped up with a sense that the Ombuds would be looking to have conversations with stakeholders outside of the legislative process. Click here to stream a video of the work session (approximately the first hour of the recording).
On Thursday, the House Labor and Workplace Standards Committee held a public hearing on four workers' comp bills noted last week:
- HB 2336, sponsored by Rep. Matt Manweller, R-Ellensburg, would require the Department adjudicate a self-insured employer's request for claim closure within 90 days of the receipt of a request with medical report seeking closure.
- HB 2337, also sponsored by Rep. Manweller, would cap time loss payments at 60 months.
- HB 2338, again also sponsored by Rep. Manweller, would end time loss payments when the injured worker reaches maximum medical improvement (medical fixity), as opposed to when a disability is adjudicated closed (legal fixity).
- HB 2441, sponsored by Rep. Steve Kirby, D-Tacoma, would eliminate the offset of social security benefits against workers' compensation benefits for those workers who had applied to receive SSI benefits or were receiving SSI benefits prior to the date of their injury.
Christine Brewer, WSIA's contract lobbyist, testified on the 90-day closure orders bill, attempting to refocus the committee's attention on wage orders and the extreme backlog and complexity of determining wages. WSIA supported HB 2338 on medical fixity, and is otherwise monitoring the other two bills to see what becomes of them. Click here to stream a video of the public hearing.
New bills introduced/scheduled for hearing this week
A few new workers' comp bills have been introduced this week or scheduled for action, which we're now tracking:
- HB 2383, sponsored by Rep. Chris Reykdal, D-Olympia, would require the Department and self-insurers to treat accupuncture services are covered treatment for injured workers.
- HB 2806, sponsored by Rep. Patty Kuderer, D-Clyde Hill, would add public fire inspectors to the firefighters' presumption of occupational disease, and expand the presumption to cover nine additional cancers and infections.
- SB 6321, sponsored by Sen. Michael Baumgartner, R-Spokane, would make certain clarifications to the 7-part statutory test the Department of Labor & Industries uses to determine whether an individual is an independent contractor or covered employee in the construction industry for purposes of workers' compensation coverage and premium responsibility.
Workplace safety bills introduced
A few bills have also been added to our tracking list in the area of industrial safety and health:
- HB 2484, sponsored by Rep. Brady Walkinshaw, D-Seattle, would add inspections, training, and various requirements on dairy farms. This one is fairly vigorously opposed by the industry.
- HB 2805, sponsored by Rep. Chris Reykdal, D-Olympia, would require Labor and Industries to adopt rules mandating hazardous exposure reporting for firefighters. This bill arises from a working group mandated by the Legislature in 2015 to study whether there should be mandatory reporting. We'll work with our city members on a position on this bill.
- SB 6386, sponsored by Sen. Don Benton, R-Vancouver, would add inspection and training requirements for school districts whose facilities include adjustable basketball hoops. We'll work with our ESD members on a position, if any, on this bill.
Looking ahead to next week
So far, the major activity next week promises to be on Monday, January 25th in the Senate Commerce & Labor Committee, where the committee plans to have a work session on the claims management performance audit, about which we've written previously, but also with invited comments on potential system improvements by phone from Matt Bryant of WorkComp Strategies in Virginia, one of the audit authors.
The Senate plans to then hold a public hearing on a bill not yet introduced, which would address the performance audit recommendation to shift authority to issue allowance orders from the Department to self-insured employers. With the input of WSIA, the proposal, to be sponsored by Sen. John Braun, R-Chehalis, will also cover denial and interlocutory orders. Click here for a copy of the draft language; bill number forthcoming.
The committee has also planned a public hearing on two lesser workers' comp bills, SB 6081 and SB 6321, both sponsored by Sen. Baumgartner of Spokane, the former creating an office of L&I Ombuds within the state Department of Commerce to advocate small business concerns, and the latter making adjustments to the statutory test the Department of Labor & Industries uses to determine whether an individual in the construction industry is a covered employee or independent contractor.
Finally, a new bill in draft form to form a joint legislative task force to create a private/competitive workers' comp system in Washington is set for hearing in the Senate next Wednesday. As in past years, such a bill is unlikely to generate much momentum in Washington.
Please let Kris Tefft know if you have any questions, concerns, positions, or comments on any of these matters.