S-0464.1 _______________________________________________
SENATE BILL 5670
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Deccio, Newhouse, A. Anderson, Prince, Palmer, Bauer and Schow
Read first time 01/31/95. Referred to Committee on Labor, Commerce & Trade.
AN ACT Relating to industrial insurance benefits during confinement in an institution; and amending RCW 51.32.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 51.32.040 and 1987 c 75 s 7 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, ((except as provided for in RCW 43.20B.720 or 74.20A.260,
prior to)) before 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)) or 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))
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 ((shall be made: PROVIDED, That)).
(2) If any
worker suffers (a) a permanent partial injury((,)) and dies from
some other cause than the accident which produced ((such)) the
injury before he or she ((shall have received)) receives payment
of ((his or her)) the award for ((such)) the
permanent partial injury((,)) or ((if any worker suffers)) (b)
any other injury before he or she ((shall have received)) receives
payment of any monthly installment covering any period of time ((prior to))
before his or her death, the amount of ((such)) the
permanent partial award((,)) or ((of such)) the 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,)).
(3) If any
worker suffers an injury and dies ((therefrom)) from it before he
or she ((shall have received)) receives payment of any monthly
installment covering time loss for any period of time ((prior to)) before
his or her death, the amount of ((such)) the monthly payment
shall be paid to the surviving spouse((,)) or ((to)) the child or
children if there is no surviving spouse((: PROVIDED FURTHER, That)).
(4) Any application
for compensation under ((the foregoing provisos)) subsections (2) and
(3) of this section shall be filed with the department or self-insuring
employer within one year of the date of death((: PROVIDED FURTHER, That)).
(5) If the
injured worker resided in the United States as long as three years ((prior
to)) before the date of injury, ((such)) payment under
subsection s (2) and (3) of this section 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)).
(6)(a) Any
worker receiving benefits under this title who is subsequently confined in, or
who subsequently becomes eligible ((therefor)) for benefits under
this title while confined in any institution ((under conviction and
sentence)), shall have all payments of ((such)) the
compensation canceled during the period of confinement ((but)). After
discharge from the institution, payment of benefits ((thereafter))
due afterward shall be paid if ((such)) the worker would,
((but)) except for the provisions of this ((proviso)) subsection
(6), otherwise be entitled ((thereto: PROVIDED FURTHER, That)) 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 ((shall be)) is
entitled to payments under this title, subject to the requirements of
chapter 72.65 RCW, unless his or her participation in ((such)) 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((: PROVIDED FURTHER, That)). If
((such)) the incarcerated worker has any beneficiaries
during ((such)) the confinement period, ((any beneficiaries,))
they shall be paid directly the monthly benefits which would have been paid to
((him or her)) the worker for himself or herself and ((his or
her)) the worker's beneficiaries had ((he or she)) the
worker not been ((so)) confined.
(7)
Any lump sum benefits to which ((the)) a worker would otherwise
be entitled but for the provisions of ((these provisos)) this section
shall be paid on a monthly basis to his or her beneficiaries.
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