S-4543               _______________________________________________

                                                   SENATE BILL NO. 6728

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senator Anderson

Read first time 2/3/88 and referred to Committee on Economic Development & Labor.

AN ACT Relating to determination of monthly wages for workers' compensation purposes; and amending RCW 51.08.178.

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

        Sec. 1.  Section 5, chapter 14, Laws of 1980 and RCW 51.08.178 are each amended to read as follows:

          (1) For the purposes of this title, the monthly wages the worker was receiving from all employment at the time of injury shall be the basis upon which compensation is computed unless otherwise provided specifically in the statute concerned.  In cases where the worker's wages are not fixed by the month, they shall be determined by multiplying the daily wage the worker was receiving at the time of the injury:

          (a) By five, if the worker was normally employed one day a week;

          (b) By nine, if the worker was normally employed two days a week;

          (c) By thirteen, if the worker was normally employed three days a week;

          (d) By eighteen, if the worker was normally employed four days a week;

          (e) By twenty-two, if the worker was normally employed five days a week;

          (f) By twenty-six, if the worker was normally employed six days a week;

          (g) By thirty, if the worker was normally employed seven days a week.

          The term "wages" shall include the reasonable value of board, housing, fuel, or other consideration of like nature received from the employer, but shall not include overtime pay, tips, or gratuities.  The daily wage shall be the hourly wage multiplied by the number of hours the worker is normally employed.  The number of hours the worker is normally employed shall be determined in a fair and reasonable manner, which may include averaging the number of hours worked per day.

          (2) In cases where (a) the worker's employment is seasonal in nature or (b) the worker's employment or his or her relation to his or her employment is essentially part time or intermittent, the monthly wage shall be determined by dividing by twelve the total wages earned from all employment in the twelve calendar months immediately preceding the injury.

(3) In cases where a wage has not been fixed or cannot be reasonably and fairly determined, the monthly wage shall be computed on the basis of the usual wage paid other employees engaged in like or similar occupations where the wages are fixed.