_______________________________________________
HOUSE
BILL 2628
_______________________________________________
Passed
Legislature - 1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 01/15/96.
Referred to Committee on Commerce & Labor.
Revising provision
on payment of industrial insurance benefits to beneficiaries.
AN ACT
Relating to payment of industrial insurance benefits to beneficiaries; and
amending RCW 51.32.040.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
51.32.040 and 1995 c 160 s 3 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, before the issuance and delivery of the check or
warrant, be assigned, charged, or taken in execution, attached, garnished, or
pass or be paid to any other person by operation of law, any form of voluntary
assignment, or power of attorney. Any such assignment or charge 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.
(2)(a)
If any worker suffers (i) a permanent partial injury and dies from some other
cause than the accident which produced the injury before he or she receives
payment of the award for the permanent partial injury or (ii) any other injury
before he or she receives payment of any monthly installment covering any
period of time before his or her death, the amount of the permanent partial
disability award or the monthly payment, or both, shall be paid to the
surviving spouse or the child or children if there is no surviving spouse.
(b) If
any worker suffers an injury and dies from it before he or she receives payment
of any monthly installment covering time loss for any period of time before his
or her death, the amount of the monthly payment shall be paid to the surviving
spouse or the child or children if there is no surviving spouse.
(c)
Any application for compensation under this subsection (2) shall be filed with
the department or self-insuring employer within one year of the date of death.
((However, if the injured worker resided in the United States as long as
three years before the date of injury, payment under this subsection (2) shall
not be made to any surviving spouse or child who was at the time of the injury
a nonresident of the United States.))
(3)(a)
Any worker or beneficiary receiving benefits under this title who is
subsequently confined in, or who subsequently becomes eligible for benefits
under this title while confined in, any institution under conviction and
sentence shall have all payments of the compensation canceled during the period
of confinement. After discharge from the institution, payment of benefits due
afterward shall be paid if the worker or beneficiary would, except for the
provisions of this subsection (3), otherwise be entitled 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 is entitled to
payments under this title, subject to the requirements of chapter 72.65 RCW,
unless his or her participation in 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.
(c) If
the confined worker has any beneficiaries during the confinement period during
which benefits are canceled under (a) or (b) of this subsection, they shall be
paid directly the monthly benefits which would have been paid to the worker for
himself or herself and the worker's beneficiaries had the worker not been
confined.
(4)
Any lump sum benefits to which a worker would otherwise be entitled but for the
provisions of this section shall be paid on a monthly basis to his or her
beneficiaries.
