CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 1250

 

 

                   Chapter 276, Laws of 1995

 

 

 

 

                        54th Legislature

                      1995 Regular Session

 

 

     INDUSTRIAL INSURANCE AWARDS‑-REQUIRING PROMPT PAYMENT

 

 

                    EFFECTIVE DATE:  7/23/95

Passed by the House April 23, 1995

  Yeas 96   Nays 0

 

 

 

CLYDE BALLARD

 

Speaker of the

      House of Representatives

 

Passed by the Senate April 22, 1995

  Yeas 47   Nays 0

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1250 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

JOEL PRITCHARD

 

President of the Senate

TIMOTHY A. MARTIN

 

                          Chief Clerk

 

 

Approved May 9, 1995 Place Style On Codes above, and Style Off Codes below.

                                FILED          

 

 

              May 9, 1995 - 3:38 p.m.

 

 

 

    MIKE LOWRY

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1250

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 1995 Regular Session

 

State of Washington      54th Legislature     1995 Regular Session

 

By House Committee on Commerce & Labor (originally sponsored by Representatives Cole, Cody, Conway, Basich, Scott, Costa and Chopp)

 

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; and creating a new section.

 

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 one thousand 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 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.


    Passed the House April 23, 1995.

    Passed the Senate April 22, 1995.

Approved by the Governor May 9, 1995.

    Filed in Office of Secretary of State May 9, 1995.