PERMANENT RULES
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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 0, Repealed 0.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.
Gary Weeks
Director
OTS-7741.1
NEW SECTION
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.
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(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.
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