Are disability insurance or workers' compensation payments earnable compensation?
(1) Disability insurance payments are not earnable compensation, whether the payments come directly from the employer or from an insurance company.
(2) Workers' compensation payments are not earnable compensation.
Susan, an employee on unpaid disability leave, submits her workers' compensation payments to her employer. The employer then issues Susan a check for the same amount through the payroll system. Even though the payment may have the appearance of compensation from the employer, it is not a payment for services provided and it is not earnable compensation.
[Statutory Authority: RCW 41.50.050
(5) and 41.32.010
(10). WSR 05-12-108, § 415-112-482, filed 5/27/05, effective 6/27/05. Statutory Authority: RCW 41.50.050
. WSR 97-03-016, § 415-112-482, filed 1/6/97, effective 2/6/97.]