H-0757.1  _______________________________________________

                          HOUSE BILL 1601

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives McMorris, Dyer and Boldt

Read first time 02/03/97.  Referred to Committee on Commerce & Labor.

Amending requirements for applying for benefits for occupational disease.

    AN ACT Relating to benefits for occupational disease; and amending RCW 51.28.055.

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

    Sec. 1.  RCW 51.28.055 and 1984 c 159 s 2 are each amended to read as follows:

    ((Claims)) No application for benefits for occupational disease or infection ((to be)) is valid ((and compensable must be)) nor claim thereunder enforceable unless filed by a worker within two years following the date the worker ((had written notice from a physician:  (1) Of the existence of his or her occupational disease, and (2) that a claim for disability benefits may be filed.  The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim.  The physician shall file the notice with the department.  The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured.  However, a claim is valid if it is)) knew or should have known that he or she has an occupational disease.  No application for benefits by a beneficiary of a worker suffering from an occupational disease is valid nor claim thereunder enforceable unless filed within two years from the date of death of the worker ((suffering from an occupational disease)).

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