H-0639.2  _______________________________________________

                          HOUSE BILL 1691

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives McMorris, Mitchell, Honeyford, Lisk and Mulliken

Read first time 02/05/97.  Referred to Committee on Commerce & Labor.

Restricting actions against employers under industrial insurance.

    AN ACT Relating to restricting actions against employers under industrial insurance; and amending RCW 51.24.020.

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

    Sec. 1.  RCW 51.24.020 and 1984 c 218 s 2 are each amended to read as follows:

    If injury results to a worker from the deliberate intention of his or her employer to produce such injury, the worker or beneficiary of the worker shall have the privilege to take under this title and also have cause of action against the employer as if this title had not been enacted, for any damages in excess of compensation and benefits paid or payable under this title.  For the purposes of this section, a worker's injury does not result from the deliberate intention of his or her employer unless the specific purpose of the employer's conduct was to bring about that injury.  The court shall determine, as a question of law, the purpose of the employer's conduct.

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