_______________________________________________
SUBSTITUTE
HOUSE BILL 1250
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AS
AMENDED BY THE SENATE
Passed
Legislature - 1995 Regular Session
State of Washington 54th
Legislature 1995 Regular Session
By
Read first time 03/01/95.
Providing for prompt
payment of industrial insurance awards.
AN ACT
Relating to prompt payment of industrial insurance awards; adding a new section
to chapter 51.32 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 51.32 RCW to read as follows:
(1)(a)
If the worker or beneficiary in a state fund claim prevails in an appeal by any
party to the board or the court, the department shall comply with the board or
court's order with respect to the payment of compensation within the later of
the following time periods:
(i)
Sixty days after the compensation order has become final and is not subject to
review or appeal; or
(ii)
If the order has become final and is not subject to review or appeal and the
department has, within the period specified in (a)(i) of this subsection,
requested the filing by the worker or beneficiary of documents necessary to
make payment of compensation, sixty days after all requested documents are
filed with the department.
The
department may extend the sixty-day time period for an additional thirty days
for good cause.
(b) If
the department fails to comply with (a) of this subsection, any person entitled
to compensation under the order may institute proceedings for injunctive or
other appropriate relief for enforcement of the order. These proceedings may
be instituted in the superior court for the county in which the claimant
resides, or, if the claimant is not then a resident of this state, in the
superior court for Thurston county.
(2) In
a proceeding under this section, the court shall enforce obedience to the order
by proper means, enjoining compliance upon the person obligated to comply with
the compensation order. The court may issue such writs and processes as are
necessary to carry out its orders and may award a penalty of up to one thousand
dollars to the person entitled to compensation under the order.
(3) A
proceeding under this section does not preclude other methods of enforcement
provided for in this title.
NEW SECTION. Sec. 2. This act
applies to all appeals in state fund claims determined under Title 51 RCW on or
after the effective date of this act, regardless of the date of filing of the
claim.
