H-0302.2  _______________________________________________

                          HOUSE BILL 1376

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State of Washington      54th Legislature     1995 Regular Session

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

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

Amending the requirements for filing a claim for occupational disease.

    AN ACT Relating to filing claims for occupational disease; and amending RCW 51.28.055.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 51.28.055 and 1984 c 159 s 2 are each amended to read as follows:

A claim((s)) for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had ((written)) notice ((from)) after diagnosis by a physician((:  (1))) of the existence of his or her occupational disease, and (((2))) the worker knew or should have known that a claim for disability benefits may be filed.  ((The)) An employer shall prominently display in or at the workplace a notice ((shall also)) that contains a statement that ((the)) a worker has two years to file a claim from the date of ((the)) notice ((to file a claim)) by a physician of an occupational disease.  ((The physician shall file the notice with the department.  The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured.))  However, a claim is valid if it is filed within two years from the date of death of ((the)) a worker suffering from an occupational disease.

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