H-2081.1                  _______________________________________________

                                             SUBSTITUTE HOUSE BILL 1579

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representative G. Cole)

Read first time 03/03/93. 

Providing civil penalties for prohibited practices in industrial insurance.

          AN ACT Relating to prohibited practices in industrial insurance; amending RCW 51.28.050 and 51.28.055; adding a new section to chapter 51.48 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 51.48 RCW to read as follows:

          (1) It is unlawful for any employer, employer representative, or any person to:

          (a) Induce or coerce an employee not to report an industrial accident or file an application for benefits;

          (b) Induce or coerce an employee to treat an industrial accident as an off-the-job injury;

          (c) Unreasonably make it necessary for the employee to resort to proceedings against the employer to obtain compensation;

          (d) Engage in a practice of arbitrarily or unreasonably refusing employment to applicants for employment or discharging employees because of nondisabling bodily conditions; or

          (e) Induce or coerce an employee's attending physician with regard to releasing the employee for return to work.

          (2) An employer, employer representative, or any person who violates any provision of this section shall pay a civil penalty of one thousand dollars for each offense upon order of the director, which shall accrue for benefit of the affected employee.  The director shall issue an order conforming with RCW 51.52.050 determining whether a violation has occurred within thirty days of a request by an employee.

        Sec. 2.  RCW 51.28.050 and 1984 c 159 s 1 are each amended to read as follows:

Except as provided in RCW 51.28.055, no application shall be valid or claim thereunder enforceable unless filed within one year after:

(a) The day upon which the injury occurred or the rights of dependents or beneficiaries accrued((, except as provided in RCW 51.28.055)); or

(b) If the failure to file an application or take action to enforce an otherwise enforceable claim results from an act prohibited under section 1 of this act, a final order determining that the prohibited act occurred.

        Sec. 3.  RCW 51.28.055 and 1984 c 159 s 2 are each amended to read as follows:

          Claims for occupational disease or infection to be valid and compensable must be filed within two years following:

(1) The date the worker had written notice from a physician:  (((1))) (a) Of the existence of his or her occupational disease, and (((2))) (b) that a claim for disability benefits may be filed.  The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim.  The physician shall file the notice with the department.  The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured.  However, a claim is valid if it is filed within two years from the date of death of the worker suffering from an occupational disease; or

(2) If the failure to file an application or take action to enforce an otherwise enforceable claim results from an act prohibited under section 1 of this act, a final order determining that the prohibited act occurred.

                                                           --- END ---