S-2252.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5858

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Prentice, Heavey, Franklin, Wojahn, Fairley, Snyder and McAuliffe)

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; creating a new section; and prescribing penalties.

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 five hundred dollars to the person entitled to compensation under the order and reasonable costs and attorneys' fees.  The court may award an additional penalty of five hundred dollars for each month that payment is not received beyond the time period allowed in subsection (1) of this section.

    (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.

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