S-3244.1  _______________________________________________

                         SENATE BILL 6516

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Regala, Fairley, Gardner, Prentice and Franklin

Read first time 01/21/2002.  Referred to Committee on Labor, Commerce & Financial Institutions.

Changing damages for a self-insurer delaying or refusing to pay benefits.

    AN ACT Relating to damages for a self-insurer delaying or refusing to pay benefits; and amending RCW 51.48.017.

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

    Sec. 1.  RCW 51.48.017 and 1985 c 347 s 3 are each amended to read as follows:

(1) If a self-insurer unreasonably delays or refuses to pay benefits as they become due there shall be paid by the self-insurer upon order of the director an additional amount equal to five hundred dollars or twenty-five percent of the amount then due, whichever is greater, which shall accrue for the benefit of the claimant and shall be paid to him or her with the benefits which may be assessed under this title.

(2) If a self-insurer's unreasonable delay or refusal to pay benefits has resulted in damages suffered by the claimant, there must be paid by the self-insurer to the claimant upon order of the director a damage award equal to the amount of damages suffered by the claimant, but not exceeding ten thousand dollars.

(3) The director shall issue an order determining whether there was an unreasonable delay or refusal to pay benefits, or whether damages had been suffered and the amount of the damages, within thirty days upon the request of the claimant.  Such an order shall conform to the requirements of RCW 51.52.050.

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