SENATE BILL REPORT

SB 5474

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 20, 2019

Title: An act relating to allowing self-insurers to accept certain industrial insurance claims, permitting self-insurers to send duplicates of certain orders made by the department of labor and industries, and establishing a work group to consider whether current penalties on self-insurers are sufficient.

Brief Description: Concerning industrial insurance and self-insurers.

Sponsors: Senator Keiser.

Brief History:

Committee Activity: Labor & Commerce: 2/07/19.

Brief Summary of Bill

  • Allows self-insured employers to serve certain orders made by the Department of Labor and Industries.

SENATE COMMITTEE ON LABOR & COMMERCE

Staff: Susan Jones (786-7404)

Background: Whenever the Department of Labor and Industries (L&I) makes any order, decision, or award, it must promptly serve the worker, beneficiary, employer, or other person affected, with a copy of the document by mail. L&I may send correspondence and other legal notices by secure electronic means, except for orders communicating the closure of a claim, if the worker, beneficiary, employer, or other person affected chooses the other means.

Summary of Bill: The bill as referred to committee not considered.

Summary of Bill (Proposed Substitute): In the event L&I makes an order communicating the closure of a claim of a self-insured employer, the self-insured employer may serve the order. The self-insured employer must use a separate, secure, and verifiable nonelectronic means of delivery. The self-insured employer must also include L&I's prescribed notice explaining the contents of the order and any protest or appeal rights.

The service by the self-insured employer is considered a communication for the purpose of the 60 day time period for filing an appeal.

Appropriation: None.

Fiscal Note: Not requested.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The self-insured community is definitely in support of this bill. It was provided to the claimants bar. They wanted one word added, which was added. It is a pretty common sense bill. It just gives self-insurers one more way of closing a claim.

Persons Testifying: PRO: Senator Karen Keiser, Prime Sponsor; Natalee Fillinger, Fillinger Shima PLLC.

Persons Signed In To Testify But Not Testifying: No one.