S-0540.1 _______________________________________________
SENATE BILL 5533
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State of Washington 52nd Legislature 1991 Regular Session
By Senators Matson, Owen, Anderson, Oke and Madsen.
Read first time February 5, 1991. Referred to Committee on Commerce & Labor.
AN ACT Relating to industrial insurance benefits during confinement in an institution; and amending RCW 51.32.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 51.32.040 and 1987 c 75 s 7 are each amended to read as follows:
No
money paid or payable under this title shall, except as provided for in RCW
43.20B.720 or 74.20A.260, prior to the issuance and delivery of the check or
warrant therefor, be capable of being assigned, charged, or ever be taken in
execution or attached or garnished, nor shall the same pass, or be paid, to any
other person by operation of law, or by any form of voluntary assignment, or
power of attorney. Any such assignment or charge shall be void, unless the
transfer is to a financial institution at the request of a worker or other
beneficiary and in accordance with RCW 51.32.045 shall be made: PROVIDED, That
if any worker suffers a permanent partial injury, and dies from some other
cause than the accident which produced such injury before he or she shall have
received payment of his or her award for such permanent partial injury, or if
any worker suffers any other injury before he or she shall have received
payment of any monthly installment covering any period of time prior to his or
her death, the amount of such permanent partial award, or of such monthly
payment or both, shall be paid to the surviving spouse, or to the child or
children if there is no surviving spouse: PROVIDED FURTHER, That, if any
worker suffers an injury and dies therefrom before he or she shall have
received payment of any monthly installment covering time loss for any period
of time prior to his or her death, the amount of such monthly payment shall be
paid to the surviving spouse, or to the child or children if there is no
surviving spouse: PROVIDED FURTHER, That any application for compensation
under the foregoing provisos of this section shall be filed with the department
or self-insuring employer within one year of the date of death: PROVIDED
FURTHER, That if the injured worker resided in the United States as long as
three years prior to the date of injury, such payment shall not be made to any
surviving spouse or child who was at the time of the injury a nonresident of
the United States: PROVIDED FURTHER, That any worker receiving benefits under
this title who is subsequently confined in, or who subsequently becomes
eligible therefor while confined in any institution ((under conviction and
sentence)) shall have all payments of such compensation canceled during the
period of confinement but after discharge from the institution payment of
benefits thereafter due shall be paid if such worker would, but for the
provisions of this proviso, otherwise be entitled thereto: PROVIDED FURTHER,
That if any prisoner is injured in the course of his or her employment while
participating in a work or training release program authorized by chapter 72.65
RCW and is subject to the provisions of this title, he or she shall be entitled
to payments under this title subject to the requirements of chapter 72.65 RCW
unless his or her participation in such program has been canceled, or unless he
or she is returned to a state correctional institution, as defined in RCW 72.65.010(3),
as a result of revocation of parole or new sentence: PROVIDED FURTHER, That if
such incarcerated worker has during such confinement period, any beneficiaries,
they shall be paid directly the monthly benefits which would have been paid to
him or her for himself or herself and his or her beneficiaries had he or she
not been so confined. Any lump sum benefits to which the worker would
otherwise be entitled but for the provisions of these provisos shall be paid on
a monthly basis to his or her beneficiaries.