Z-0376.3  _______________________________________________

 

                         SENATE BILL 5395

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senators Pelz, Fraser and Franklin; by request of Department of Labor & Industries

 

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

 

Revising provisions related to industrial insurance benefits.



    AN ACT Relating to industrial insurance benefits; amending RCW 51.32.020, 51.32.040, 51.32.050, 51.32.067, 51.32.080, and 51.32.095; and adding a new section to chapter 51.60 RCW.

 

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

 

    Sec. 1.  RCW 51.32.020 and 1977 ex.s. c 350 s 39 are each amended to read as follows:

    If injury or death results to a worker from the deliberate intention of the worker himself or herself to produce such injury or death, or while the worker is engaged in the attempt to commit, or the commission of, a felony, neither the worker nor the widow, widower, child, or dependent of the worker shall receive any payment under this title.

    If injury or death results to a worker from the deliberate intention of a beneficiary of that worker to produce the injury or death, or if injury or death results to a worker as a consequence of a beneficiary of that worker engaging in the attempt to commit, or the commission of, a felony, the beneficiary shall not receive any payment under this title.

    An invalid child, while being supported and cared for in a state institution, shall not receive compensation under this chapter.

    No payment shall be made to or for a natural child of a deceased worker and, at the same time, as the stepchild of a deceased worker.

 

    Sec. 2.  RCW 51.32.040 and 1987 c 75 s 7 are each amended to read as follows:

    No money paid or payable under this title shall, except as provided for in RCW 43.20B.720 or 74.20A.260, prior to 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 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 void, unless the transfer is to a financial institution at the request of a worker or other beneficiary and in accordance with RCW 51.32.045 shall be made:  PROVIDED, That if any worker suffers a permanent partial injury, and dies from some other cause than the accident which produced such injury before he or she shall have received payment of his or her award for such permanent partial injury, or if any worker suffers any other injury before he or she shall have received payment of any monthly installment covering any period of time prior to his or her death, the amount of such permanent partial award, or of such 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, if any worker suffers an injury and dies therefrom before he or she shall have received payment of any monthly installment covering time loss for any period of time prior to his or her death, the amount of such monthly payment shall be paid to the surviving spouse, or to the child or children if there is no surviving spouse:  PROVIDED FURTHER, That any application for compensation under the foregoing provisos of this section shall be filed with the department or self-insuring employer within one year of the date of death:  PROVIDED FURTHER, That if the injured worker resided in the United States as long as three years prior to the date of injury, such payment 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 any worker or beneficiary receiving benefits under this title who is subsequently confined in, or who subsequently becomes eligible therefor while confined in any institution under conviction and sentence shall have all payments of such compensation canceled during the period of confinement but after discharge from the institution payment of benefits thereafter due shall be paid if such worker or beneficiary would, but for the provisions of this proviso, otherwise be entitled thereto:  PROVIDED FURTHER, That 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 entitled to payments under this title subject to the requirements of chapter 72.65 RCW unless his or her participation in such 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 incarcerated worker has during such confinement period, any beneficiaries, they shall be paid directly the monthly benefits which would have been paid to him or her for himself or herself and his or her beneficiaries had he or she not been so confined.  Any lump sum benefits to which the  worker would otherwise be entitled but for the provisions of these provisos shall be paid on a monthly basis to his or her beneficiaries.

 

    Sec. 3.  RCW 51.32.050 and 1993 c 521 s 1 are each amended to read as follows:

    (1) Where death results from the injury the expenses of burial not to exceed two ((thousand dollars)) hundred percent of the average monthly wage in the state as defined in RCW 51.08.018 shall be paid.

    (2)(a) Where death results from the injury, a surviving spouse of a deceased worker eligible for benefits under this title shall receive monthly for life or until remarriage payments according to the following schedule:

    (i) If there are no children of the deceased worker, sixty percent of the wages of the deceased worker but not less than one hundred eighty-five dollars;

    (ii) If there is one child of the deceased worker and in the legal custody of such spouse, sixty-two percent of the wages of the deceased worker but not less than two hundred twenty-two dollars;

    (iii) If there are two children of the deceased worker and in the legal custody of such spouse, sixty-four percent of the wages of the deceased worker but not less than two hundred fifty-three dollars;

    (iv) If there are three children of the deceased worker and in the legal custody of such spouse, sixty-six percent of the wages of the deceased worker but not less than two hundred seventy-six dollars;

    (v) If there are four children of the deceased worker and in the legal custody of such spouse, sixty-eight percent of the wages of the deceased worker but not less than two hundred ninety-nine dollars; or

    (vi) If there are five or more children of the deceased worker and in the legal custody of such spouse, seventy percent of the wages of the deceased worker but not less than three hundred twenty-two dollars.

    (b) Where the surviving spouse does not have legal custody of any child or children of the deceased worker or where after the death of the worker legal custody of such child or children passes from such surviving spouse to another, any payment on account of such child or children not in the legal custody of the surviving spouse shall be made to the person or persons having legal custody of such child or children.  The amount of such payments shall be five percent of the monthly benefits payable as a result of the worker's death for each such child but such payments shall not exceed twenty-five percent.  Such payments on account of such child or children shall be subtracted from the amount to which such surviving spouse would have been entitled had such surviving spouse had legal custody of all of the children and the surviving spouse shall receive the remainder after such payments on account of such child or children have been subtracted.  Such payments on account of a child or children not in the legal custody of such surviving spouse shall be apportioned equally among such children.

    (c) Payments to the surviving spouse of the deceased worker shall cease at the end of the month in which remarriage occurs:  PROVIDED, That a monthly payment shall be made to the child or children of the deceased worker from the month following such remarriage in a sum equal to five percent of the wages of the deceased worker for one child and a sum equal to five percent for each additional child up to a maximum of five such children.  Payments to such child or children shall be apportioned equally among such children.  Such sum shall be in place of any payments theretofore made for the benefit of or on account of any such child or children.  If the surviving spouse does not have legal custody of any child or children of the deceased worker, or if after the death of the worker, legal custody of such child or children passes from such surviving spouse to another, any payment on account of such child or children not in the legal custody of the surviving spouse shall be made to the person or persons having legal custody of such child or children.

    (d) In no event shall the monthly payments provided in subsection (2) of this section exceed the applicable percentage of the average monthly wage in the state as computed under RCW 51.08.018 as follows:

 

               AFTER                   PERCENTAGE

 

           June 30, 1993                   105%

           June 30, 1994                   110%

           June 30, 1995                   115%

           June 30, 1996                   120%

 

    (e) In addition to the monthly payments provided for in subsection (2) (a) through (((2)))(c) of this section, a surviving spouse or child or children of such worker if there is no surviving spouse, or dependent parent or parents, if there is no surviving spouse or child or children of any such deceased worker shall be forthwith paid ((the)) a sum ((of one thousand six hundred dollars)) equal to one hundred percent of the average monthly wage in the state as defined in RCW 51.08.018, any such children, or parents to share and share alike in said sum.

    (f) Upon remarriage of a surviving spouse the monthly payments for the child or children shall continue as provided in this section, but the monthly payments to such surviving spouse shall cease at the end of the month during which remarriage occurs.  However, after September 8, 1975, an otherwise eligible surviving spouse of a worker who died at any time prior to or after September 8, 1975, shall have an option of:

    (i) Receiving, once and for all, a lump sum of twenty-four times the monthly compensation rate in effect on the date of remarriage allocable to the spouse for himself or herself pursuant to subsection (2)(a)(i) of this section and subject to any modifications specified under subsection (2)(d) of this section and RCW 51.32.075(3) or fifty percent of the then remaining annuity value of his or her pension, whichever is the lesser:  PROVIDED, That if the injury occurred prior to July 28, 1991, the remarriage benefit lump sum available shall be as provided in the remarriage benefit schedules then in effect; or

    (ii) If a surviving spouse does not choose the option specified in subsection (2)(f)(i) of this section to accept the lump sum payment, the remarriage of the surviving spouse of a worker shall not bar him or her from claiming the lump sum payment authorized in subsection (2)(f)(i) of this section during the life of the remarriage, or shall not prevent subsequent monthly payments to him or to her if the remarriage has been terminated by death or has been dissolved or annulled by valid court decree provided he or she has not previously accepted the lump sum payment.

    (g) If the surviving spouse during the remarriage should die without having previously received the lump sum payment provided in subsection (2)(f)(i) of this section, his or her estate shall be entitled to receive the sum specified under subsection (2)(f)(i) of this section or fifty percent of the then remaining annuity value of his or her pension whichever is the lesser.

    (h) The effective date of resumption of payments under subsection (2)(f)(ii) of this section to a surviving spouse based upon termination of a remarriage by death, annulment, or dissolution shall be the date of the death or the date the judicial decree of annulment or dissolution becomes final and when application for the payments has been received.

    (i) If it should be necessary to increase the reserves in the reserve fund or to create a new pension reserve fund as a result of the amendments in chapter 45, Laws of 1975‑'76 2nd ex. sess., the amount of such increase in pension reserve in any such case shall be transferred to the reserve fund from the supplemental pension fund.

    (3) If there is a child or children and no surviving spouse of the deceased worker or the surviving spouse is not eligible for benefits under this title, a sum equal to thirty-five percent of the wages of the deceased worker shall be paid monthly for one child and a sum equivalent to fifteen percent of such wage shall be paid monthly for each additional child, the total of such sum to be divided among such children, share and share alike:  PROVIDED, That benefits under this subsection or subsection (4) of this section shall not exceed the lesser of sixty-five percent of the wages of the deceased worker at the time of his or her death or the applicable percentage of the average monthly wage in the state as defined in RCW 51.08.018, as follows:

 

               AFTER                   PERCENTAGE

 

           June 30, 1993                   105%

           June 30, 1994                   110%

           June 30, 1995                   115%

           June 30, 1996                   120%

 

    (4) In the event a surviving spouse receiving monthly payments dies, the child or children of the deceased worker shall receive the same payment as provided in subsection (3) of this section.

    (5) If the worker leaves no surviving spouse or child, but leaves a dependent or dependents, a monthly payment shall be made to each dependent equal to fifty percent of the average monthly support actually received by such dependent from the worker during the twelve months next preceding the occurrence of the injury, but the total payment to all dependents in any case shall not exceed the lesser of sixty-five percent of the wages of the deceased worker at the time of his or her death or the applicable percentage of the average monthly wage in the state as defined in RCW 51.08.018 as follows:

 

               AFTER                   PERCENTAGE

 

           June 30, 1993                  105%

           June 30, 1994                   110%

           June 30, 1995                   115%

           June 30, 1996                   120%

 

If any dependent is under the age of eighteen years at the time of the occurrence of the injury, the payment to such dependent shall cease when such dependent reaches the age of eighteen years except such payments shall continue until the dependent reaches age twenty-three while permanently enrolled at a full time course in an accredited school.  The payment to any dependent shall cease if and when, under the same circumstances, the necessity creating the dependency would have ceased if the injury had not happened.

    (6) For claims filed prior to July 1, 1986, if the injured worker dies during the period of permanent total disability, whatever the cause of death, leaving a surviving spouse, or child, or children, the surviving spouse or child or children shall receive benefits as if death resulted from the injury as provided in subsections (2) through (4) of this section.  Upon remarriage or death of such surviving spouse, the payments to such child or children shall be made as provided in subsection (2) of this section when the surviving spouse of a deceased worker remarries.

    (7) For claims filed on or after July 1, 1986, every worker who becomes eligible for permanent total disability benefits shall elect an option as provided in RCW 51.32.067.

 

    Sec. 4.  RCW 51.32.067 and 1986 c 58 s 4 are each amended to read as follows:

    (1) After a worker elects one of the options in (a), (b), or (c) of this subsection, that option shall apply only if the worker dies during a period of permanent total disability from a cause unrelated to the injury, leaving a surviving spouse, child, children, or other dependent.  If, after making an election under this subsection, a worker dies from a cause related to the injury during a period of permanent total disability, his or her beneficiaries shall receive benefits under RCW 51.32.050 (2) through (5).

    (a) Option I.  An injured worker selecting this option shall receive the benefits provided by RCW 51.32.060, with no benefits being paid to the worker's surviving spouse, child, children, or others.

    (b) Option II.  An injured worker selecting this option shall receive an actuarially reduced benefit which upon death shall be continued throughout the life of and paid to the surviving spouse, child, children, or other dependent as the worker has nominated by written designation duly executed and filed with the department.

    (c) Option III.  An injured worker selecting this option shall receive an actuarially reduced benefit and, upon death, one-half of the reduced benefit shall be continued throughout the life of and paid to the surviving spouse, child, children, or other dependent as the worker has nominated by written designation duly executed and filed with the department.

    (2) The worker shall make the election in writing and the worker's spouse, if any, shall consent in writing as a prerequisite to the election of Option I.

    (3) The department shall adopt such rules as may be necessary to implement this section.

 

    Sec. 5.  RCW 51.32.080 and 1993 c 520 s 1 are each amended to read as follows:

    (1)(a) Until July 1, 1993, for the permanent partial disabilities here specifically described, the injured worker shall receive compensation as follows:

 

                        LOSS BY AMPUTATION

 

Of leg above the knee joint with short thigh stump

    (3" or less below the tuberosity of ischium)........ $54,000.00

Of leg at or above knee joint with functional stump..... 48,600.00

Of leg below knee joint................................. 43,200.00

Of leg at ankle (Syme).................................. 37,800.00

Of foot at mid-metatarsals.............................. 18,900.00

Of great toe with resection of metatarsal bone.......... 11,340.00

Of great toe at metatarsophalangeal joint...............  6,804.00

Of great toe at interphalangeal joint...................  3,600.00

Of lesser toe (2nd to 5th) with resection of

    metatarsal bone.....................................  4,140.00

Of lesser toe at metatarsophalangeal joint..............  2,016.00

Of lesser toe at proximal interphalangeal joint.........  1,494.00

Of lesser toe at distal interphalangeal joint...........    378.00

Of arm at or above the deltoid insertion or by

    disarticulation at the shoulder..................... 54,000.00

Of arm at any point from below the deltoid insertion to

    below the elbow joint at the insertion of the biceps

    tendon.............................................. 51,300.00

Of arm at any point from below the elbow joint distal to

    the insertion of the biceps tendon to and including

    mid-metacarpal amputation of the hand............... 48,600.00

Of all fingers except the thumb at metacarpophalangeal

    joints.............................................. 29,160.00

Of thumb at metacarpophalangeal joint or with resection

    of carpometacarpal bone............................. 19,440.00

Of thumb at interphalangeal joint.......................  9,720.00

Of index finger at metacarpophalangeal joint or with

    resection of metacarpal bone........................ 12,150.00

Of index finger at proximal interphalangeal joint.......  9,720.00

Of index finger at distal interphalangeal joint.........  5,346.00

Of middle finger at metacarpophalangeal joint or with

    resection of metacarpal bone........................  9,720.00

Of middle finger at proximal interphalangeal joint......  7,776.00

Of middle finger at distal interphalangeal joint........  4,374.00

Of ring finger at metacarpophalangeal joint or with

    resection of metacarpal bone........................  4,860.00

Of ring finger at proximal interphalangeal joint........  3,888.00

Of ring finger at distal interphalangeal joint..........  2,430.00

Of little finger at metacarpophalangeal joint or with

    resection of metacarpal bone........................  2,430.00

Of little finger at proximal interphalangeal joint......  1,944.00

Of little finger at distal interphalangeal joint........    972.00

 

                           MISCELLANEOUS

 

Loss of one eye by enucleation.......................... 21,600.00

Loss of central visual acuity in one eye................ 18,000.00

Complete loss of hearing in both ears................... 43,200.00

Complete loss of hearing in one ear.....................  7,200.00

 

    (b) Beginning on July 1, 1993, compensation under this subsection shall be computed as follows:

    (i) Beginning on July 1, 1993, the compensation amounts for the specified disabilities listed in (a) of this subsection shall be increased by thirty-two percent; and

    (ii) Beginning on July 1, 1994, and each July 1 thereafter, the compensation amounts for the specified disabilities listed in (a) of this subsection, as adjusted under (b)(i) of this subsection, shall be readjusted to reflect the percentage change in the consumer price index, calculated as follows:  The index for the calendar year preceding the year in which the July calculation is made, to be known as "calendar year A," is divided by the index for the calendar year preceding calendar year A, and the resulting ratio is multiplied by the compensation amount in effect on June 30 immediately preceding the July 1st on which the respective calculation is made.  For the purposes of this subsection, "index" means the same as the definition in RCW 2.12.037(1).

    (2) Compensation for amputation of a member or part thereof at a site other than those specified in subsection (1) of this section, and for loss of central visual acuity and loss of hearing other than complete, shall be in proportion to that which such other amputation or partial loss of visual acuity or hearing most closely resembles and approximates.  Compensation shall be calculated based on the adjusted schedule  of compensation in effect for the respective time period as prescribed in subsection (1) of this section.

    (3)(a) Compensation for any other permanent partial disability not involving amputation shall be in the proportion which the extent of such other disability, called unspecified disability, shall bear to the disabilities specified in subsection (1) of this section, which most closely resembles and approximates in degree of disability such other disability, and compensation for any other unspecified permanent partial disability shall be in an amount as measured and compared to total bodily impairment.  To reduce litigation and establish more certainty and uniformity in the rating of unspecified permanent partial disabilities, the department shall enact rules having the force of law classifying such disabilities in the proportion which the department shall determine such disabilities reasonably bear to total bodily impairment.  In enacting such rules, the department shall give consideration to, but need not necessarily adopt, any nationally recognized medical standards or guides for determining various bodily impairments.

    (b) Until July 1, 1993, for purposes of calculating monetary benefits under (a) of this subsection, the amount payable for total bodily impairment shall be deemed to be ninety thousand dollars.  Beginning on July 1, 1993, for purposes of calculating monetary benefits under (a) of this subsection, the amount payable for total bodily impairment shall be adjusted as follows:

    (i) Beginning on July 1, 1993, the amount payable for total bodily impairment under this section shall be increased to one hundred eighteen thousand eight hundred dollars; and

    (ii) Beginning on July 1, 1994, and each July 1 thereafter, the amount payable for total bodily impairment prescribed in (b)(i) of this subsection shall be adjusted as provided in subsection (1)(b)(ii) of this section.

    (c)  Until July 1, 1993, the total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed the sum of ninety thousand dollars.  Beginning on July 1, 1993, total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed a sum calculated as follows:

    (i) Beginning on July 1, 1993, the sum shall be increased to one hundred eighteen thousand eight hundred dollars; and

    (ii) Beginning on July 1, 1994, and each July 1 thereafter, the sum prescribed in (b)(i) of this subsection shall be adjusted as provided in subsection (1)(b)(ii) of this section.

    (4) If permanent partial disability compensation is followed by permanent total disability compensation, any portion of the permanent partial disability compensation which exceeds the amount that would have been paid the injured worker if permanent total disability compensation had been paid in the first instance, shall be deducted from the pension reserve of such injured worker and his or her monthly compensation payments shall be reduced accordingly.

    (5) Should a worker receive an injury to a member or part of his or her body already, from whatever cause, permanently partially disabled, resulting in the amputation thereof or in an aggravation or increase in such permanent partial disability but not resulting in the permanent total disability of such worker, his or her compensation for such partial disability shall be adjudged with regard to the previous disability of the injured member or part and the degree or extent of the aggravation or increase of disability thereof.

    (6) When the compensation provided for in subsections (1)  through (3) of this section exceeds three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, payment shall be made in monthly payments in an amount equal to the average monthly wage in the state as most recently computed under RCW 51.08.018 before the date the permanent partial disability award is made, but in no case in an amount less than the monthly payments in accordance with the schedule of temporary total disability payments set forth in RCW 51.32.090, until such compensation is paid to the injured worker in full, except that the first monthly payment shall be in an amount equal to three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, and interest shall be paid at the rate of eight percent on the unpaid balance of such compensation commencing with the second monthly payment.  However, upon application of the injured worker or survivor the monthly payment may be converted, in whole or in part, into a lump sum payment, in which event the monthly payment shall cease in whole or in part.  Such conversion may be made only upon written application of the injured worker or survivor to the department and shall rest in the discretion of the department depending upon the merits of each individual application.  Upon the death of a worker all unpaid installments accrued shall be paid according to the payment schedule established prior to the death of the worker to the widow or widower, or if there is no widow or widower surviving, to the dependent children of such claimant, and if there are no such dependent children, then to such other dependents as defined by this title.

    (7) Awards payable under this section are governed by the schedule in effect on the date of injury.

 

    Sec. 6.  RCW 51.32.095 and 1988 c 161 s 9 are each amended to read as follows:

    (1) One of the primary purposes of this title is to enable the injured worker to become employable at gainful employment.  To this end, the department or self-insurers shall utilize the services of individuals and organizations, public or private, whose experience, training, and interests in vocational rehabilitation and retraining qualify them to lend expert assistance to the supervisor of industrial insurance in such programs of vocational rehabilitation as may be reasonable to make the worker employable consistent with his or her physical and mental status.  Where, after evaluation and recommendation by such individuals or organizations and prior to final evaluation of the worker's permanent disability and in the sole opinion of the supervisor or supervisor's designee, whether or not medical treatment has been concluded, vocational rehabilitation is both necessary and likely to enable the injured worker to become employable at gainful employment, the supervisor or supervisor's designee may, in his or her sole discretion, pay or, if the employer is a self-insurer, direct the self-insurer to pay the cost as provided in subsection (3) of this section.

    (2) When in the sole discretion of the supervisor or the supervisor's designee vocational rehabilitation is both necessary and likely to make the worker employable at gainful employment, then the following order of priorities shall be used:

    (a) Return to the previous job with the same employer;

    (b) Modification of the previous job with the same employer including transitional return to work;

    (c) A new job with the same employer in keeping with any limitations or restrictions;

    (d) Modification of a new job with the same employer including transitional return to work;

    (e) Modification of the previous job with a new employer;

    (f) A new job with a new employer or self-employment based upon transferable skills;

    (g) Modification of a new job with a new employer;

    (h) A new job with a new employer or self-employment involving on-the-job training;

    (i) Short-term retraining and job placement.

    (3) Costs for vocational rehabilitation benefits allowed by the supervisor or supervisor's designee under subsection (1) of this section may include the cost of books, tuition, fees, supplies, equipment, transportation, child or dependent care, and other necessary expenses for any such worker in an amount not to exceed three thousand dollars in any fifty-two week period except as authorized by section 7 of this act, and the cost of continuing the temporary total disability compensation under RCW 51.32.090 while the worker is actively and successfully undergoing a formal program of vocational rehabilitation.  Such expenses may include training fees for on-the-job training and the cost of furnishing tools and other equipment necessary for self-employment or reemployment:  PROVIDED, That such compensation or payment of retraining with job placement expenses may not be authorized for a period of more than fifty-two weeks:  PROVIDED FURTHER, That such period may, in the sole discretion of the supervisor after his or her review, be extended for an additional fifty-two weeks or portion thereof by written order of the supervisor.

    In cases where the worker is required to reside away from his or her customary residence, the reasonable cost of board and lodging shall also be paid.  Said costs shall be chargeable to the employer's cost experience or shall be paid by the self-insurer as the case may be.

    (4) The department shall establish criteria to monitor the quality and effectiveness of rehabilitation services provided by the individuals and organizations used under subsection (1) of this section.  The state fund shall make referrals for vocational rehabilitation services based on these performance criteria.

    (5) The department shall engage in, where feasible and cost-effective, a cooperative program with the state employment security department to provide job placement services under this section.

    (6) The benefits in this section shall be provided for the injured workers of self-insured employers.  Self-insurers shall report both benefits provided and benefits denied under this section in the manner prescribed by the department by rule adopted under chapter 34.05 RCW.  The director may, in his or her sole discretion and upon his or her own initiative or at any time that a dispute arises under this section, promptly make such inquiries as circumstances require and take such other action as he or she considers will properly determine the matter and protect the rights of the parties.

    (7) The benefits provided for in this section are available to any otherwise eligible worker regardless of the date of industrial injury.  However, claims shall not be reopened solely for vocational rehabilitation purposes.

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 51.60 RCW to read as follows:

    The limitation on the expenditure of three thousand dollars in any fifty-two week period established in RCW 51.32.095 shall not apply to the provision of vocational rehabilitation to workers in either long-term disability pilot project and the supervisor may at any time, in the supervisor's sole discretion, authorize the expenditure of a sum not to exceed six thousand dollars, exclusive of child care and travel, for the costs of vocational rehabilitation, including on-the-job training.

 


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