LABOR AND INDUSTRIES
Purpose: Employer - worker reemployment incentives, chapter 296-17 WAC, these rules were developed based on comments received during the public hearing for rules previously promulgated and codified. See WSR 05-01-105. These rules will:
|•||Define the employer of record,|
|•||Clarify who the employer of record is in occupational disease claims, and|
|•||Clarify how the department will handle certification for preferred workers with multiple claims.|
Citation of Existing Rules Affected by this Order: Amending WAC 296-16-112 and 296-16-135.
Statutory Authority for Adoption: RCW 51.04.010, 51.04.020, and 51.16.120.
Adopted under notice filed as WSR 05-11-059 on May 17, 2005.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.
Date Adopted: August 9, 2005.
WAC 296-16-112 For purposes of the "preferred worker" program, who is the "employer of record"? When "preferred worker" certification is considered under a claim, the employer of record is any employer determined as responsible for all or part of that claim's costs in the department's final order establishing:
(1) Claim allowance, for injury claims; and
(2) Claim liability, for occupational disease claims.
(1) If the worker still has "preferred worker" certification time remaining from a previous claim, and also applies for "preferred worker" certification under a subsequent claim, the department will not grant the worker additional certification. In order to seek employment as a certified "preferred worker," the worker must use the certification time remaining from the previous claim.
(2) If the worker received "preferred worker" certification under a prior claim, and the thirty-six months of that certification has ended, the worker may be eligible for "preferred worker" certification under a subsequent or new open claim.