H-2029.1 _______________________________________________
HOUSE BILL 2134
_______________________________________________
State of Washington 55th Legislature 1997 Regular Session
By Representatives Benson and McMorris
Read first time 02/21/97. Referred to Committee on Commerce & Labor.
AN ACT Relating to time periods for filing industrial insurance claims; amending RCW 51.28.050 and 51.28.055; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 51.28.050 and 1984 c 159 s 1 are each amended to read as follows:
No
application shall be valid or claim thereunder enforceable unless filed within
((one year)) one hundred eighty days after the day upon which the
injury occurred or the rights of dependents or beneficiaries accrued, except as
provided in RCW 51.28.055.
Sec. 2. RCW 51.28.055 and 1984 c 159 s 2 are each amended to read as follows:
Claims
for occupational disease or infection to be valid and compensable must be filed
within ((two)) one year((s)) 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 filed within ((two)) one year((s)) from
the date of death of the worker suffering from an occupational disease.
NEW SECTION. Sec. 3. This act does not apply to claims for injuries occurring, or occupational diseases contracted, before the effective date of this act.
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