1648-S AMH MCMO H4123.1
SHB 1648 - H AMDS 019 ADOPTED 1-17-96
By Representative McMorris
On page 1, beginning on line 4, strike all of section 1 and insert the following:
"Sec. 1. RCW 51.32.040 and 1995 c 160 s 3 are each amended to read as follows:
(1) Except as provided in RCW 43.20B.720, 50.20.085, and 74.20A.260, no money paid or payable under this title shall, before the issuance and delivery of the check or warrant, be assigned, charged, or taken in execution, attached, garnished, or pass or be paid to any other person by operation of law, any form of voluntary assignment, or power of attorney. Any such assignment or charge is void unless the transfer is to a financial institution at the request of a worker or other beneficiary and made in accordance with RCW 51.32.045.
(2)(a) If any worker suffers (i) a permanent partial injury and dies from some other cause than the accident which produced the injury before he or she receives payment of the award for the permanent partial injury or (ii) any other injury before he or she receives payment of any monthly installment covering any period of time before his or her death, the amount of the permanent partial disability award or the monthly payment, or both, shall be paid to the surviving spouse or the child or children if there is no surviving spouse.
(b) If any worker suffers an injury and dies from it before he or she receives payment of any monthly installment covering time loss for any period of time before his or her death, the amount of the monthly payment shall be paid to the surviving spouse or the child or children if there is no surviving spouse.
(c) Any application for compensation under this subsection (2) shall be filed with the department or self-insuring employer within one year of the date of death. However, if the injured worker resided in the United States as long as three years before the date of injury, payment under this subsection (2) shall not be made to any surviving spouse or child who was at the time of the injury a nonresident of the United States.
(3)(a) Any worker or beneficiary receiving benefits under this title who is subsequently confined in, or who subsequently becomes eligible for benefits under this title while confined in, any institution under conviction and sentence shall have all payments of the compensation canceled during the period of confinement. After discharge from the institution, payment of benefits due afterward shall be paid if the worker or beneficiary would, except for the provisions of this subsection (3), otherwise be entitled to them.
(b) If any prisoner is injured in the course of his or her employment while participating in a work or training release program authorized by chapter 72.65 RCW and is subject to the provisions of this title, he or she is entitled to payments under this title, subject to the requirements of chapter 72.65 RCW, unless his or her participation in the program has been canceled, or unless he or she is returned to a state correctional institution, as defined in RCW 72.65.010(3), as a result of revocation of parole or new sentence.
(c) If the confined worker has any beneficiaries during the confinement period during which benefits are canceled under (a) or (b) of this subsection, they shall be paid directly the monthly benefits which would have been paid to the worker for himself or herself and the worker's beneficiaries had the worker not been confined.
(4) Any lump sum benefits to which a worker would otherwise be entitled but for the provisions of this section shall be paid on a monthly basis to his or her beneficiaries."
SHB 1648 - H AMDS
By Representative McMorris
On page 3, line 30, after "January 1," strike "1996" and insert "1997"
EFFECT: Updates a section of the bill that was amended in 1995 to reflect the new enactments and changes the effective date of the bill from January 1, 1996, to January 1, 1997.
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