H-0303.1  _______________________________________________

                          HOUSE BILL 1378

          _______________________________________________

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.

Limiting compensation for occupational disease not fully caused by covered occupational exposure.

    AN ACT Relating to compensation for occupational disease; and amending RCW 51.32.100.

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

    Sec. 1.  RCW 51.32.100 and 1977 ex.s. c 350 s 49 are each amended to read as follows:

(1) If it is determined that an injured worker had, at the time of his or her injury, a preexisting disease and that such disease delays or prevents complete recovery from such injury, it shall be ascertained, as nearly as possible, the period over which the injury would have caused disability were it not for the diseased condition and the extent of permanent partial disability which the injury would have caused were it not for the disease, and compensation shall be awarded only therefor.

(2) If a worker has an occupational disease that is caused in part by nonoccupational exposure or by occupational exposure during the course of employment not covered by this title, the worker or the worker's beneficiaries must receive compensation and benefits only to the extent and in the proportion to which the exposure during employment covered by this title contributed to the development of the disease.  For purposes of this section, it is presumed that injurious occupational exposure contributed to the disease only in the proportion to which the period of occupational exposure covered by this title bears to the total period of injurious exposure from an occupational or nonoccupational source.

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