2SHB 3139 -
By Representative Conway
ADOPTED 02/19/2008
On page 3, beginning on line 1, after "(ii)" strike all material
through "merits." on line 8, and insert "If any party appeals an order
establishing a worker's wages or the compensation rate at which a
worker will be paid temporary or permanent total disability or loss of
earning power benefits, the worker shall receive payment pending a
final decision on the merits based on the following:
(A) When the employer is self-insured, the wage calculation or
compensation rate the employer most recently submitted to the
department; or
(B) When the employer is insured through the state fund, the
highest wage amount or compensation rate uncontested by the parties.
Payment of benefits or consideration of wages at a rate that is
higher than that specified in (b)(ii)(A) or (B) of this subsection is
stayed without further action by the board pending a final decision on
the merits."
On page 5, beginning on line 19, after "self-insurer." strike all
material through "(d)" on line 24, and insert the following:
"(d) The department or self-insurer may recover overpayments for
health services from any entity that provided health insurance to the
worker to the extent that the health insurance entity would have
provided health insurance benefits but for workers' compensation
coverage.
(e)"
EFFECT: Addresses all appeals of time loss rates, not limited to
appeals by self-insured employers. Provides that while an appeal is
pending, the worker receives time-loss at the wage or rate most
recently submitted to the department, if the employer is self-insured,
or the highest rate or wage uncontested by the parties, if the employer
is insured through the state fund. Payment at higher rates or wages is
stayed without further action.
Reorganizes and clarifies provision authorizing the department or
a self-insurer to recover overpayments for health services from a
health insurance entity that would have provided benefits but for
workers' compensation coverage.