SENATE BILL REPORT

                            SB 5601

                    AS OF JANUARY 14, 1994

Brief Description:  Amending the requirements for filing a claim for occupational disease.

SPONSORS: Senators Newhouse, Anderson, Amondson and Prince

SENATE COMMITTEE ON LABOR & COMMERCE

Staff:  Dave Cheal (786‑7576)

Hearing Dates: January 17, 1994

BACKGROUND:

Currently the time limit for filing an occupational disease claim for workers' compensation is two years following a written notice from a physician of the existence of the disease and that the worker may file a claim for disability benefits.  This notice must also contain a statement that the claim must be filed within two years.  The physician is required to file the notice with the department and the department must send a copy to the worker and self-insurer, if the worker is employed by a self-insurer.  

SUMMARY:

The requirement of a written notice from the physician is removed.  The requirements for the commencement of the two-year statute of limitation are that the worker receive notice, written or otherwise, of the existence of the occupational disease and the worker knew or should have known that a claim for disability benefits could be filed.

Employers are required to prominently display a notice describing the limitation period.  The requirement for filing the notice with the department is removed.

Appropriation:  none

Revenue:  none

Fiscal Note:  requested