S-1291.1  _______________________________________________

                         SENATE BILL 5858

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Prentice, Heavey, Franklin, Wojahn, Fairley, Snyder and McAuliffe

Read first time 02/10/95.  Referred to Committee on Labor, Commerce & Trade.

Providing for prompt payment of industrial insurance awards.

    AN ACT Relating to prompt payment of industrial insurance awards; amending RCW 51.32.200; creating a new section; and prescribing penalties.

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

    Sec. 1.  RCW 51.32.200 and 1971 ex.s. c 289 s 48 are each amended to read as follows:

    (1) If the worker or beneficiary prevails in an appeal by any party to the board or the court, the department or self-insurer, as the case may be, shall comply with the board or court's order with respect to the payment of compensation within thirty days after the entry of the compensation order which has become final and is not subject to further review or appeal

(2)(a) If a self-insurer fails, refuses, or neglects to comply with a department compensation order which has become final and is not subject to review or appeal within thirty days after the entry of the department's order or fails to comply with subsection (1) of this section, the director or 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 the county in which the self-insurer may be served with process.

    (((2))) (b) If the department fails to comply with subsection (1) of this section, 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.

(c) 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.

    (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 determined under Title 51 RCW on or after the effective date of this act, regardless of the date of filing the industrial insurance claim.

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