H-0433.1  _______________________________________________

                          HOUSE BILL 1375

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Lisk, Chandler, Fuhrman, Goldsmith, Hargrove, Horn and Honeyford

Read first time 01/23/95.  Referred to Committee on Commerce & Labor.

Cancelling industrial insurance benefits during confinement in an institution.

    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:

(1) Except as provided in RCW 43.20B.720 and 74.20A.260, no money paid or payable under this title shall, ((except as provided for in RCW 43.20B.720 or 74.20A.260, prior to)) before 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)) or 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)) is void((,)) unless the transfer is to a financial institution at the request of a worker or other beneficiary and made in accordance with RCW 51.32.045 ((shall be made:  PROVIDED, That)).

(2) If any worker suffers (a) a permanent partial injury((,)) and dies from some other cause than the accident which produced ((such)) the injury before he or she ((shall have received)) receives payment of ((his or her)) the award for ((such)) the permanent partial injury((,)) or ((if any worker suffers)) (b) any other injury before he or she ((shall have received)) receives payment of any monthly installment covering any period of time ((prior to)) before his or her death, the amount of ((such)) the permanent partial award((,)) or ((of such)) the 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,)).

(3) If any worker suffers an injury and dies ((therefrom)) from it before he or she ((shall have received)) receives payment of any monthly installment covering time loss for any period of time ((prior to)) before his or her death, the amount of ((such)) the monthly payment shall be paid to the surviving spouse((,)) or ((to)) the child or children if there is no surviving spouse((:  PROVIDED FURTHER, That)).

(4) Any application for compensation under ((the foregoing provisos)) subsections (2) and (3) of this section shall be filed with the department or self-insuring employer within one year of the date of death((:  PROVIDED FURTHER, That)).

(5) If the injured worker resided in the United States as long as three years ((prior to)) before the date of injury, ((such)) payment under subsection s (2) and (3) of this section 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)).

(6)(a) Any worker receiving benefits under this title who is subsequently confined in, or who subsequently becomes eligible ((therefor)) for benefits under this title while confined in any institution ((under conviction and sentence)), shall have all payments of ((such)) the compensation canceled during the period of confinement ((but)).  After discharge from the institution, payment of benefits ((thereafter)) due afterward shall be paid if ((such)) the worker would, ((but)) except for the provisions of this ((proviso)) subsection (6), otherwise be entitled ((thereto:  PROVIDED FURTHER, That)) to them.

(b) 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)) is entitled to payments under this title, subject to the requirements of chapter 72.65 RCW, unless his or her participation in ((such)) the 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)) the incarcerated worker has any beneficiaries during ((such)) the confinement period, ((any beneficiaries,)) they shall be paid directly the monthly benefits which would have been paid to ((him or her)) the worker for himself or herself and ((his or her)) the worker's beneficiaries had ((he or she)) the worker not been ((so)) confined.

(7) Any lump sum benefits to which ((the)) a worker would otherwise be entitled but for the provisions of ((these provisos)) this section shall be paid on a monthly basis to his or her beneficiaries.

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