WSR 11-15-068

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed July 19, 2011, 9:02 a.m. ]

     Subject of Possible Rule Making: Chapter 296-14 WAC, Industrial insurance and chapter 296-15 WAC, Workers' compensation self-insurance rules and regulations--Claim resolution structured settlement agreements.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.04.020, 51.04.030, and chapter 37, Laws of 2011 (EHB 2123).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rule making will assist in the implementation of claim resolution structured settlement agreements, allowed by EHB 2123 (chapter 37, Laws of 2011). These agreements will be available for claims for injured workers age fifty-five and older effective January 1, 2012, fifty-three and older effective January 1, 2015, and fifty and older effective January 1, 2016. Proposed rule making will include new rules to clarify requirements and the process for these agreements.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other federal or state agencies regulate this subject.

     Process for Developing New Rule: When labor and industries (L&I) begins the rule development process, L&I will share any draft proposal with stakeholders and other interested parties. Public hearings will be held throughout the state after the proposal is filed.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Department of Labor and Industries, Nancy James, P.O. Box 44208, Olympia, WA 98504-4208, phone (360) 902-4379, fax (360) 902-4960, e-mail jamn235@lni.wa.gov.

July 19, 2011

Judy Schurke

Director

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