[atlas:bill]

AN ACT Relating to worker rights under industrial insurance; amending RCW 51.14.100, 51.28.010, 51.28.020, 51.28.080, and 51.36.010; creating a new section; and providing an effective date.

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

Sec. 1. RCW 51.14.100 and 1971 ex.s. c 289 s 34 are each amended to read as follows:

(1) Every employer subject to the provisions of this title shall:

(a) Post and keep posted in a conspicuous place or places in and about his or her place or places of business a reasonable number of typewritten or printed notices of compliance substantially identical to a form prescribed by the director, stating that such employer is subject to the provisions of this title. Such notice shall advise whether the employer is self-insured or has insured with the department, and shall designate a person or persons on the premises to whom report of injury shall be made; and

(b) Within thirty days of hire, using a form prescribed by the department, or a substantially identical form, notify workers of the process for filing a claim under this title. The notice must specify their right to receive health services from a provider of the worker's choice under RCW 51.36.010 and 51.36.015.

(2) Any employer who has failed to open an account with the department or qualify as a self-insurer shall not post or permit to be posted on or about his or her place of business or premises any notice of compliance with this title and any willful violation of this subsection by any officer or supervisory employee of an employer ((~~shall be~~)) is a misdemeanor.

Sec. 2. RCW 51.28.010 and 1977 ex.s. c 350 s 32 are each amended to read as follows:

(1) Whenever any accident occurs to any worker it shall be the duty of ((~~such~~)):

(a) The worker or someone in his or her behalf to forthwith report such accident to his or her employer, superintendent, or ((~~foreman or forewoman~~)) supervisor in charge of the work((,)); and ((of))

(b) The employer on receiving the report of the accident to:

(i) At once report such accident and the injury resulting therefrom to the department pursuant to RCW 51.28.025((~~, as now or hereafter amended,~~)) where the worker has received treatment from a physician, has been hospitalized, disabled from work, or has died as the apparent result of such accident and injury; and

(ii) Notify the worker of his or her right to receive health services from a provider of the worker's choice under RCW 51.36.010 and 51.36.015.

(2) Upon receipt of such notice of accident, the department shall immediately forward to the worker or his or her beneficiaries or dependents notification, in nontechnical language, of their rights under this title. The notice must specify the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010 and 51.36.015.

Sec. 3. RCW 51.28.020 and 1984 c 159 s 3 are each amended to read as follows:

(1)(a) Where a worker is entitled to compensation under this title he or she shall file with the department or his or her ((~~self-insuring~~)) self-insured employer, as the case may be, his or her application for such, together with the certificate of the physician who attended him or her((~~, and it shall be the duty of~~)). An application form developed by the department shall include a notice specifying the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010 and 51.36.015.

(b) The physician ((to)) who attended the injured worker shall inform the injured worker of his or her rights under this title and ((to)) lend all necessary assistance in making this application for compensation and such proof of other matters as required by the rules of the department without charge to the worker. The department shall provide physicians with a manual which outlines the procedures to be followed in applications for compensation involving occupational diseases, and which describes claimants' rights and responsibilities related to occupational disease claims.

(2) If application for compensation is made to a ((~~self-insuring~~)) self-insured employer, he or she shall forthwith send a copy ((~~thereof~~)) of the application to the department.

Sec. 4. RCW 51.28.080 and 1985 c 338 s 2 are each amended to read as follows:

An employer shall be promptly notified by the department when it has determined that a worker of that employer is entitled to compensation under RCW 51.32.090. Notification shall include, in nontechnical language, an explanation of the employer's rights under this title and shall specify the worker's right to receive health services from a provider of the worker's choice under RCW 51.36.010 and 51.36.015.

Sec. 5. RCW 51.36.010 and 1986 c 58 s 6 are each amended to read as follows:

(1) Upon the occurrence of any injury to a worker entitled to compensation under ((~~the provisions of~~)) this title, he or she shall receive proper and necessary medical and surgical services at the hands of a physician, or other health services provider acting within the scope of his or her practice, of ((~~his or her~~)) the worker's own choice, if conveniently located, and proper and necessary hospital care and services during the period of his or her disability from such injury((~~, but the same~~)). An employer may not direct a worker to a particular provider or kind of provider except as necessary to provide emergency or first-aid treatment and care to the worker at the time of injury or while transporting the worker to a medical facility.

(2) The benefits authorized under subsection (1) of this section shall be limited in point of duration as follows:

In the case of permanent partial disability, not to extend beyond the date when compensation shall be awarded him or her, except when the worker returned to work before permanent partial disability award is made, in such case not to extend beyond the time when monthly allowances to him or her shall cease; in case of temporary disability not to extend beyond the time when monthly allowances to him or her shall cease: PROVIDED, That after any injured worker has returned to his or her work his or her medical and surgical treatment may be continued if, and so long as, such continuation is deemed necessary by the supervisor of industrial insurance to be necessary to his or her more complete recovery; in case of a permanent total disability not to extend beyond the date on which a lump sum settlement is made with him or her or he or she is placed upon the permanent pension roll: PROVIDED, HOWEVER, That the supervisor of industrial insurance, solely in his or her discretion, may authorize continued medical and surgical treatment for conditions previously accepted by the department when such medical and surgical treatment is deemed necessary by the supervisor of industrial insurance to protect such worker's life or provide for the administration of medical and therapeutic measures including payment of prescription medications, but not including those controlled substances currently scheduled by the state board of pharmacy as Schedule I, II, III, or IV substances under chapter 69.50 RCW, which are necessary to alleviate continuing pain which results from the industrial injury. In order to authorize such continued treatment the written order of the supervisor of industrial insurance issued in advance of the continuation shall be necessary.

(3) The supervisor of industrial insurance, the supervisor's designee, or a self-insurer, in his or her sole discretion, may authorize inoculation or other immunological treatment in cases in which a work-related activity has resulted in probable exposure of the worker to a potential infectious occupational disease. Authorization of such treatment does not bind the department or self-insurer in any adjudication of a claim by the same worker or the worker's beneficiary for an occupational disease.

NEW SECTION. Sec. 6. By January 1, 2002, the department of labor and industries must develop the forms required under sections 1 and 3 of this act.

NEW SECTION. Sec. 7. Sections 1 and 3 of this act take effect January 1, 2002.