H-1598              _______________________________________________

                                                    HOUSE BILL NO. 960

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives McMullen and Wang

Read first time 2/8/85 and referred to Committee on Commerce & Labor.

AN ACT Relating to actions by workers against third parties under Title 51 RCW; and amending RCW 51.24.030.

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

        Sec. 1.  Section 1, chapter 85, Laws of 1977 ex. sess. as amended by section 3, chapter 218, Laws of 1984 and RCW 51.24.030 are each amended to read as follows:

          (1) If an injury to a worker for which benefits and compensation are provided under this title is due to the negligence or wrong of a third person not in the same employ, the injured worker or beneficiary may elect to seek damages from the third person.  In cases of such election, the department or self-insurer shall advance the costs necessary to bring the action including filing fees, witness fees, costs of conducting depositions, and other necessary costs.  The department and/or self-insurer shall be reimbursed proportionately for such advance from any recovery made as provided in RCW 51.24.060.

          (2) For the purposes of this chapter, "injury" shall include any physical or mental condition, disease, ailment or loss, including death, for which compensation and benefits are paid or payable under this title.