RCW 51.36.010
Extent and duration. (Effective until
January 1, 2008.)
Upon the occurrence of any injury to a worker
entitled to compensation under the provisions of this title, he
or she shall receive proper and necessary medical and surgical
services at the hands of a physician or licensed advanced
registered nurse practitioner of his or her own choice, if
conveniently located, and proper and necessary hospital care and
services during the period of his or her disability from such
injury, but the same shall be limited in point of duration as
follows:
In the case of permanent partial disability, not to extend
beyond the date when compensation shall be awarded him or her,
except when the worker returned to work before permanent partial
disability award is made, in such case not to extend beyond the
time when monthly allowances to him or her shall cease; in case
of temporary disability not to extend beyond the time when
monthly allowances to him or her shall cease: PROVIDED, That
after any injured worker has returned to his or her work his or
her medical and surgical treatment may be continued if, and so
long as, such continuation is deemed necessary by the supervisor
of industrial insurance to be necessary to his or her more
complete recovery; in case of a permanent total disability not to
extend beyond the date on which a lump sum settlement is made
with him or her or he or she is placed upon the permanent pension
roll: PROVIDED, HOWEVER, That the supervisor of industrial
insurance, solely in his or her discretion, may authorize
continued medical and surgical treatment for conditions
previously accepted by the department when such medical and
surgical treatment is deemed necessary by the supervisor of
industrial insurance to protect such worker's life or provide for
the administration of medical and therapeutic measures including
payment of prescription medications, but not including those
controlled substances currently scheduled by the state board of
pharmacy as Schedule I, II, III, or IV substances under chapter 69.50 RCW, which are necessary to alleviate continuing pain which
results from the industrial injury. In order to authorize such
continued treatment the written order of the supervisor of
industrial insurance issued in advance of the continuation shall
be necessary.
The supervisor of industrial insurance, the supervisor's
designee, or a self-insurer, in his or her sole discretion, may
authorize inoculation or other immunological treatment in cases
in which a work-related activity has resulted in probable
exposure of the worker to a potential infectious occupational
disease. Authorization of such treatment does not bind the
department or self-insurer in any adjudication of a claim by the
same worker or the worker's beneficiary for an occupational
disease.
[2004 c 65 § 11; 1986 c 58 § 6; 1977 ex.s. c 350 § 56; 1975 1st ex.s. c 234 § 1; 1971 ex.s. c 289 § 50; 1965 ex.s. c 166 § 2; 1961 c 23 § 51.36.010. Prior: 1959 c 256 § 2; prior: 1943 c 186 § 2, part; 1923 c 136 § 9, part; 1921 c 182 § 11, part; 1919 c 129 § 2, part; 1917 c 28 § 5, part; Rem. Supp. 1943 § 7714, part.]
NOTES:
Report to legislature -- Effective date -- Severability -- 2004 c 65: See notes following RCW 51.04.030.
Effective dates -- Severability -- 1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
RCW 51.36.010
Extent and duration. (Effective January 1,
2008.)
Upon the occurrence of any injury to a worker entitled to
compensation under the provisions of this title, he or she shall
receive proper and necessary medical and surgical services at the
hands of a physician or licensed advanced registered nurse
practitioner of his or her own choice, if conveniently located,
and proper and necessary hospital care and services during the
period of his or her disability from such injury. The department
for state fund claims shall pay, in accordance with the
department's fee schedule, for any alleged injury for which a
worker files a claim, any initial prescription drugs provided in
relation to that initial visit, without regard to whether the
worker's claim for benefits is allowed. In all accepted claims,
treatment shall be limited in point of duration as follows:
In the case of permanent partial disability, not to extend
beyond the date when compensation shall be awarded him or her,
except when the worker returned to work before permanent partial
disability award is made, in such case not to extend beyond the
time when monthly allowances to him or her shall cease; in case
of temporary disability not to extend beyond the time when
monthly allowances to him or her shall cease: PROVIDED, That
after any injured worker has returned to his or her work his or
her medical and surgical treatment may be continued if, and so
long as, such continuation is deemed necessary by the supervisor
of industrial insurance to be necessary to his or her more
complete recovery; in case of a permanent total disability not to
extend beyond the date on which a lump sum settlement is made
with him or her or he or she is placed upon the permanent pension
roll: PROVIDED, HOWEVER, That the supervisor of industrial
insurance, solely in his or her discretion, may authorize
continued medical and surgical treatment for conditions
previously accepted by the department when such medical and
surgical treatment is deemed necessary by the supervisor of
industrial insurance to protect such worker's life or provide for
the administration of medical and therapeutic measures including
payment of prescription medications, but not including those
controlled substances currently scheduled by the state board of
pharmacy as Schedule I, II, III, or IV substances under chapter 69.50 RCW, which are necessary to alleviate continuing pain which
results from the industrial injury. In order to authorize such
continued treatment the written order of the supervisor of
industrial insurance issued in advance of the continuation shall
be necessary.
The supervisor of industrial insurance, the supervisor's
designee, or a self-insurer, in his or her sole discretion, may
authorize inoculation or other immunological treatment in cases
in which a work-related activity has resulted in probable
exposure of the worker to a potential infectious occupational
disease. Authorization of such treatment does not bind the
department or self-insurer in any adjudication of a claim by the
same worker or the worker's beneficiary for an occupational
disease.
[2007 c 134 § 1; 2004 c 65 § 11; 1986 c 58 § 6; 1977 ex.s. c 350 § 56; 1975 1st ex.s. c 234 § 1; 1971 ex.s. c 289 § 50; 1965 ex.s. c 166 § 2; 1961 c 23 § 51.36.010. Prior: 1959 c 256 § 2; prior: 1943 c 186 § 2, part; 1923 c 136 § 9, part; 1921 c 182 § 11, part; 1919 c 129 § 2, part; 1917 c 28 § 5, part; Rem. Supp. 1943 § 7714, part.]
NOTES:
Report to legislature -- 2007 c 134: "By December 1, 2009, the department of labor and industries must report to the senate labor, commerce, research and development committee and the house of representatives commerce and labor committee, or successor committees, on the implementation of this act." [2007 c 134 § 2.]
Effective date -- 2007 c 134: "This act takes effect January 1, 2008." [2007 c 134 § 3.]
Report to legislature -- Effective date -- Severability -- 2004 c 65: See notes following RCW 51.04.030.
Effective dates -- Severability -- 1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.