What are the responsibilities of an independent medical examination (IME) provider regarding testimony?
IME providers must make themselves reasonably available to testify at the board of industrial insurance appeals (board) or by deposition. Reasonably available to all parties means cooperating in the timely scheduling of the pretestimony conference and testimony and being available to testify during business hours (7:00 a.m. to 6:00 p.m.) as ordered by the judge and within the dates ordered by the board to complete testimony, unless a different time is needed and agreed upon by all parties. In signing the application to be an independent medical examination provider, the provider agrees to perform examinations and be available to testify and to answer questions about the medical facts of the case at rates established under the authority of Washington industrial insurance law. The department may fine the firm and/or examiner up to five hundred dollars per violation for failure to comply with these requirements, whether the failure was intentional or not.
In addition, failure to comply with these requirements may result in suspension or termination of the IME provider number.
[Statutory Authority: RCW 51.32.055
, 51,32,112 [51.32.112], 51.32.114
, and 51.36.070
. WSR 09-24-085, § 296-23-387, filed 11/30/09, effective 3/1/10; WSR 04-04-029, § 296-23-387, filed 1/27/04, effective 3/1/04.]