SENATE BILL 5579
State of Washington 55th Legislature 1997 Regular Session
By Senators Schow, Horn, Anderson, Newhouse, Oke and West
Read first time 01/31/97. Referred to Committee on Commerce & Labor.
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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