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Following the argument of Washington Law Center attorney, Scott Goodrich, on August 12, 2024, Washington State’s Division 1 Court of Appeals published a landmark decision in the case of Ten Injured Workers v. The State of Washington. This decision marks a significant victory for injured workers and upholds the fundamental…
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Understanding Subsection 4 of RCW 51.36.070 Under the new legislation, injured workers in Washington State now have several important rights when it comes to recording their IME exams: Subsection 4(a) – Right to Record the IME Exam This grants injured workers the right to record audio/video during their IME…
May an Injured Worker Audio or Video Record an IME Exam? Yes. Pursuant to RCW 51.36.070(4), effective in law as of July 23, 2023, an injured worker may audio or video record an IME examination if the worker has given not less than seven calendar days of notice to the…
Yes, an injured worker can file a written dispute that an IME examination is not appropriate under applicable IME scheduling rules. The Department of Labor & Industries will investigate and may cancel the exam if a correct dispute is filed greater than 15 days prior to the noticed exam. Do…
New Washington Administrative Code (WAC) rules that set guidelines for independent medical examinations (IME) take effect on April 23, 2022. These rules were created and/or updated to support ESSB 6440, passed during the 2019-2020 legislative session. ESSB 6440 was passed unanimously by the legislature in response to abusive IME practices,…