[atlas:bill]

AN ACT Relating to implementing recommendations for industrial insurance; adding new sections to chapter 51.28 RCW; creating new sections; repealing RCW 51.28.010, 51.28.020, and 51.28.025; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. (1) By September 15, 1999, the department of labor and industries shall develop a plan for implementing the recommendations contained in the joint legislative audit and review committee's report on the workers' compensation system performance audit mandated under chapter 330, Laws of 1997. The department shall report on the plan by December 1, 1999, to the appropriate committees of the legislature, including at a minimum:

(a) A review of the recommendations that the department has implemented or plans to implement, with timelines for implementation;

(b) A review of the recommendations that the department does not plan to implement, if any, with the reasons for such decisions; and

(2) By December 1, 1999, the department of labor and industries shall report to the appropriate committees of the legislature on a plan for improving the industrial insurance vocational rehabilitation system and recommendations for legislation, if any.

NEW SECTION. Sec. 2. It is the intent of the legislature that sections 3 through 5 of this act implement recommendation two contained in the joint legislative audit and review committee's report on the workers' compensation system performance review audit mandated under chapter 330, Laws of 1997.

NEW SECTION. Sec. 3. (1) Within seven days after the employer has notice or knowledge of the occurrence of an injury or occupational disease sustained by a worker that requires treatment from a health services provider, constitutes a permanent impairment, renders the worker unable to perform a regularly established job at the worker's place of employment during any portion of his or her regular shift, or causes death, the employer shall file with the department a written report that sets forth:

(a) The name, address, and business of the employer;

(b) The name, address, and occupation of the employee;

(d) Whether the injury or occupational disease arose in the course of the injured worker's employment;

(e) All available information pertaining to the nature of the injury or occupational disease including but not limited to any visible signs, any complaints of the worker, any time lost from work, the wages paid to the worker including the reasonable value of board, housing, fuel, or other consideration of like nature; and the other observable effect on the worker's bodily functions, so far as known;

(f) Work site location of injury; and

(g) Other pertinent information as required by department rules.

(2) Failure or refusal to submit the report required by subsection (1) of this section shall subject the offending employer to a penalty determined by the director, or his or her designee, in an amount not to exceed five hundred dollars for each offense. Any penalty received under this subsection shall be paid into the supplemental pension reserve fund.

(3) The department shall adopt such rules as may be necessary to implement this section.

NEW SECTION. Sec. 4. (1) A worker claiming benefits under this title must file a written application for benefits with the department or the employer. The application for benefits must contain sufficient information to provide the department or employer with notice that the worker sustained an industrial injury or contracted an occupational disease, and that benefits are claimed under this title. An employer, except a self-insured employer, receiving an application for benefits under this title shall forward the application to the department within seven days after its receipt. On receiving the application for benefits, the employer or department, as the case may be, shall immediately forward to the worker or the worker's beneficiary notification, in nontechnical language, of his or her rights under this title. The department may develop forms to assist workers and employers in the application process.

(2) In addition to the application for benefits, the worker shall file with the department or employer a certificate from his or her attending doctor, and it is the duty of the doctor to inform the injured worker of his or her rights under this title and to provide such additional information as required by department rules without charge to the worker. The department shall provide attending doctors with a manual that outlines procedures to be followed in applications for benefits involving occupational diseases, and that describes worker's rights and responsibilities related to occupational disease claims.

(3) An employer, other than a self-insured employer, that fails to forward an application for benefits to the department within seven days from the date of its receipt is subject to a penalty determined by the director, or his or her designee, but not to exceed five thousand dollars for each offense. Any penalty received under this subsection shall be paid to the supplemental pension reserve fund.

(4) An employer that has notice or knowledge of the occurrence of an injury or occupational disease sustained by a worker that requires medical treatment from a health services provider, constitutes a permanent impairment, or renders the worker unable to perform a regularly established job at the worker's place of employment during any portion of his or her regular shift, shall provide the worker with written notice, in nontechnical language, of the worker's rights under this title. The notice shall also inform the worker how to apply for benefits under this title.

(5) The department shall adopt such rules as may be necessary to implement this section.

NEW SECTION. Sec. 5. (1) A worker shall give his or her employer notice of an injury or occupational disease sustained in the course of his or her employment and requiring treatment by a health services provider within thirty days after the injury, or within thirty days after the worker knows the nature of the injury or occupational disease and its relationship to the employment.

(2) The notice shall be in writing, shall contain the name and address of the worker, and a statement of time, place, nature, and cause of the accident, and shall be signed by the worker or by some person on the worker's behalf.

(3) Notice shall be given to the employer by delivering it or sending it by mail addressed to the employer's last known place of business. The notice may be given to the employer, partner, supervisor, agent, or officer of the employer.

(4) The department shall adopt such rules as may be necessary to implement this section.

NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:

(1) RCW 51.28.010 (Notice of accident--Notification of worker's rights) and 1977 ex.s. c 350 s 32, 1975 1st ex.s. c 224 s 4, 1971 ex.s. c 289 s 5, & 1961 c 23 s 51.28.010;

(2) RCW 51.28.020 (Worker's application for compensation--Physician to aid in) and 1984 c 159 s 3, 1977 ex.s. c 350 s 33, 1971 ex.s. c 289 s 38, & 1961 c 23 s 51.28.020; and

(3) RCW 51.28.025 (Duty of employer to report injury or disease--Contents--Penalty) and 1987 c 185 s 32, 1985 c 347 s 1, 1975 1st ex.s. c 224 s 5, & 1971 ex.s. c 289 s 39.

NEW SECTION. Sec. 7. Sections 2 through 4 of this act are each added to chapter 51.28 RCW.

NEW SECTION. Sec. 8. Sections 3 through 5 of this act take effect September 15, 1999.