SENATE BILL REPORT

                   HB 2628

              As Reported By Senate Committee On:

          Labor, Commerce & Trade, February 22, 1996

Title:  An act relating to payment of industrial insurance benefits to beneficiaries.

Brief Description:  Revising provision on payment of industrial insurance benefits to beneficiaries.

Sponsors:  Representatives Veloria, Conway and Cody.

Brief History:

Committee Activity:  Labor, Commerce & Trade:  2/20/96, 2/22/96 [DP].

SENATE COMMITTEE ON LABOR, COMMERCE & TRADE

Majority Report:  Do pass.

  Signed by Senators Pelz, Chair; Heavey, Vice Chair; A. Anderson, Deccio, Franklin, Fraser, Newhouse and Wojahn.

Staff:  Jack Brummel (786-7428)

Background:  If an injured worker suffers a permanent partial injury and dies of an unrelated cause before receiving his or her permanent partial disability award or dies before receiving monthly benefits covering a period before the death, the surviving spouse or children of the worker are entitled to the benefits owing to the worker.  The spouse or children also receive the time loss benefits covering the time before an injury-related death that were not received by the worker before death.

These benefits are not paid, however, to the spouse or children if the injured worker resided in the United States for as long as three years before the injury and the spouse or children were not residents of the United States at the time of injury.

Summary of Bill:  The industrial insurance statute is amended to repeal a limitation on payment to nonresident beneficiaries of permanent partial disability awards and monthly benefits owing to the injured worker prior to the worker's death.  The limitation no longer applues that prohibits these payments to a surviving spouse or child who was not a resident of the United States at the time of the worker's injury when the worker had resided in the United States for at least three years before the injury.

Appropriation:  None.

Fiscal Note:  Available.

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

Testimony For:  It is unjust to deprive children of benefits because they live outside the U.S.

Testimony Against:  None.

Testified:  Representative Velma Veloria, prime sponsor; Myrna Villanueva, Salvador Villanueva, WA State Commission on Asian American Affairs.