BILL REQ. #: H-4658.1
| State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/28/10. Referred to Committee on Commerce & Labor.
AN ACT Relating to industrial insurance; amending RCW 51.08.060, 51.08.040, 48.32.020, 51.04.020, 51.04.040, 51.04.070, 51.04.090, 51.04.100, 51.04.105, 51.04.130, 51.08.015, 51.12.035, 51.12.050, 51.12.070, 51.12.110, 51.12.120, 51.12.140, 51.12.170, 51.14.010, 51.14.050, 51.14.100, 51.14.300, 51.14.340, 51.14.350, 51.14.360, 51.14.380, 51.14.390, 51.14.400, 51.16.070, 51.16.120, 51.16.140, 51.16.150, 51.16.220, 51.24.030, 51.24.050, 51.24.060, 51.24.070, 51.24.080, 51.24.090, 51.28.010, 51.28.020, 51.28.025, 51.28.055, 51.28.080, 51.28.090, 51.32.055, 51.32.060, 51.32.067, 51.32.072, 51.32.073, 51.32.080, 51.32.098, 51.32.110, 51.32.112, 51.32.114, 51.32.135, 51.32.160, 51.32.185, 51.32.190, 51.32.195, 51.32.210, 51.32.215, 51.32.240, 51.32.242, 51.32.380, 51.36.010, 51.36.015, 51.36.020, 51.36.022, 51.36.040, 51.36.060, 51.36.070, 51.36.120, 51.36.140, 51.36.150, 51.44.040, 51.44.040, 51.44.070, 51.44.090, 51.44.100, 51.44.115, 51.48.010, 51.48.020, 51.48.030, 51.48.040, 51.48.050, 51.48.055, 51.48.060, 51.48.080, 51.48.090, 51.48.103, 51.48.250, 51.48.260, 51.52.030, 51.52.050, 51.52.070, 51.52.080, 51.52.100, 51.52.110, 51.52.115, 51.52.120, 51.52.130, 51.52.132, and 51.52.135; reenacting and amending RCW 51.52.060; adding new sections to chapter 51.08 RCW; adding a new section to chapter 48.19 RCW; adding new sections to chapter 51.44 RCW; adding a new section to chapter 51.16 RCW; adding new sections to chapter 51.28 RCW; adding a new section to chapter 51.32 RCW; adding a new chapter to Title 51 RCW; repealing RCW 51.04.030, 51.04.082, 51.04.085, 51.04.110, 51.04.120, 51.04.150, 51.08.175, 51.14.070, 51.16.035, 51.16.042, 51.16.060, 51.16.100, 51.16.105, 51.16.130, 51.16.155, 51.16.160, 51.16.170, 51.16.180, 51.16.190, 51.16.200, 51.18.005, 51.18.010, 51.18.020, 51.18.030, 51.18.040, 51.18.050, 51.18.060, 51.18.900, 51.36.080, 51.36.085, 51.36.090, 51.36.100, 51.36.110, 51.36.130, 51.44.010, 51.44.020, 51.44.030, 51.44.050, 51.44.060, 51.28.015, 51.32.300, 51.32.350, 51.32.360, 51.32.370, 51.48.075, 51.48.120, 51.48.131, 51.48.140, 51.48.150, 51.48.160, 51.48.170, 51.48.180, 51.48.190, 51.48.200, 51.48.210, 51.48.220, 51.48.230, 51.48.240, 51.48.290, 51.52.075, 51.52.150, and 51.52.800; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 51.08 RCW
to read as follows:
"Industrial insurance benefits" means all compensation, monetary
benefits, and medical and related benefits provided under this title.
NEW SECTION. Sec. 2 A new section is added to chapter 51.08 RCW
to read as follows:
"Insurer" means:
(1) The state fund established in section 8 of this act;
(2) Any private company, corporation, mutual association, or
reciprocal or interinsurance exchange that meets the requirement of
section 15 of this act; or
(3) Any employer to whom a certificate of qualification to
self-insure has been issued under RCW 51.14.030.
NEW SECTION. Sec. 3 A new section is added to chapter 51.08 RCW
to read as follows:
"Reserve fund" means the self-insurance reserve fund established in
section 21 of this act.
NEW SECTION. Sec. 4 A new section is added to chapter 51.08 RCW
to read as follows:
"State fund" means the Washington state industrial insurance fund
as established in section 8 of this act.
Sec. 5 RCW 51.08.060 and 1961 c 23 s 51.08.060 are each amended
to read as follows:
(1) "Director" means the director of labor and industries.
(2) "Manager" means the manager of the state fund as established in
section 8 of this act.
NEW SECTION. Sec. 6 A new section is added to chapter 51.08 RCW
to read as follows:
"Industrial insurance administrative fund" means the fund created
in section 16 of this act.
Sec. 7 RCW 51.08.040 and 1961 c 23 s 51.08.040 are each amended
to read as follows:
(1) "Commissioner" means the insurance commissioner as defined in
RCW 48.02.010.
(2) "Department" means ((department of labor and industries)) the
office of the insurance commissioner.
NEW SECTION. Sec. 8 (1) The Washington state industrial
insurance fund is established for the purpose of insuring employers for
their liability arising out of this title beginning July 1, 2012.
(2) The state fund may also insure a Washington employer who has
secured coverage with the state fund under this title for any other
liability the employer may have on account of bodily injury to an
employee arising out of and in the course of employment as fully as any
other insurer including, but not limited to, any liability for
compensation for injury or death under the longshoremen's and harbor
workers' compensation act, 33 U.S.C. Secs. 901 through 950, or any act
amendatory or supplementary thereto or in lieu thereof, and may enter
into any contract or obligation relating to the transaction of its
business which is permitted by law.
(3) The functions of the state fund are:
(a) To confer with and solicit employers and to handle, audit, and
enforce collection of premiums, assessments, and fees of employers
insured with it;
(b) To receive, handle, and process the claims of workers and
beneficiaries of workers injured in the employ of employers insured
with the state fund and to issue warrants for the payment of its
obligations; and
(c) To perform all other functions that the laws of this state
authorize an industrial insurance insurer to perform and that are
necessary or appropriate to carry out the functions authorized,
including securing reinsurance for any risk insured by the state fund.
(4) The state fund in its own name may sue and be sued in all
actions arising out of any act or omission in connection with its
business affairs, and is entitled to appear as a party in any
proceedings involving claims payable by the state fund under this
title.
(5) The state fund shall allocate revenues received from its
investments, other than revenues allocated for the payment of pensions,
to reduce the premiums for employers insured by the state fund and
shall apply, whenever possible, for a deviation as provided in section
14 of this act from manual rates filed by the licensed rating
organization so that its charges for industrial insurance are the
lowest possible rates necessary to maintain the actuarial solvency of
the state fund.
(6) The state fund shall participate in the Washington insurance
guaranty association under chapter 48.32 RCW in the same manner as any
other industrial insurance insurer.
(7) The state fund shall charge premiums in accordance with this
title and based on the rates filed by the licensed rating organization
and approved by the commissioner.
(8) The state fund shall participate in the assigned risk plan
under section 14 of this act.
(9) The state fund may acquire, lease, rent, own, and manage real
property. It may purchase, rent, lease, or otherwise acquire for its
use all supplies, materials, equipment, and services necessary to carry
out its functions. It may sell or otherwise dispose of any property
acquired under this subsection.
(10) The state fund shall pay all taxes and fees as any other
insurer meeting the requirements of section 15 of this act.
NEW SECTION. Sec. 9 (1) The state fund created in section 8 of
this act is governed by policies established by a board of five
directors appointed by the governor and approved by the senate. Each
member must be a policyholder of the state fund. Two of the members
must represent a business with twenty or fewer employees at the time of
appointment.
The initial terms of the board members are: One member serves for
two years, two members serve for four years, and two members serve for
six years. Thereafter, each member serves a term of six years. A
member may not serve more than two consecutive terms. A director holds
office until the appointment and qualification of a successor.
(2) The board of directors shall:
(a) Elect a chair from among its members to serve for the following
calendar year;
(b) Meet not less than monthly to consider and act on the affairs
of the state fund;
(c) Establish the policies for the operation of the state fund
consistent with all applicable provisions of law;
(d) Employ a manager to manage the daily operations of the state
fund; and
(e) Be reimbursed for all expenses in accordance with chapter 43.03
RCW.
(3) The manager is not a voting member of the board of directors
but shall act at the will of and in support of the board of directors
and provide staff support as required by the board of directors to
carry out its activities.
(4) A member of the board of directors may not have any pecuniary
interest, other than an incidental interest which is disclosed and made
a matter of public record at the time of appointment to the board, in
any corporation or other business entity doing business as an
industrial insurance insurer.
(5) A majority of the members of the board constitute a quorum for
the transaction of business.
NEW SECTION. Sec. 10 The state fund must be under the direct
supervision of a manager who is selected and employed at the discretion
of the board of directors. The salary of the manager is fixed by the
board of directors. The manager shall report at least annually to the
board of directors, the governor, and the legislature on the state of
the state fund and shall include in the report a review of its
operations for the previous twelve months.
NEW SECTION. Sec. 11 The assets and liabilities of the following
funds are transferred on July 1, 2012, to the state fund:
(1) The accident fund previously maintained under RCW 51.44.010
before July 1, 2012;
(2) The medical aid fund previously maintained under RCW 51.44.020
before July 1, 2012;
(3) The reserve fund previously maintained under RCW 51.44.030,
before July 1, 2012, except that portion attributable to self-insurers
pursuant to RCW 51.44.140 before July 1, 2012;
(4) All other assets and liabilities held by the industrial
insurance division of the department under this title on July 1, 2012,
except the supplemental pension fund and any other funds pertaining to
the regulatory functions of the department; and
(5) The equipment and fixtures used by the department on June 30,
2012, to administer insurance for the liability of employers under
Title 51 RCW, which must be transferred to the state fund without cost
to the state fund.
NEW SECTION. Sec. 12 (1) Effective July 1, 2012, all employers
required to pay industrial insurance benefits, medical aid, and
supplemental pension fees to the industrial insurance division of the
department under this title must become insureds of the state fund
until: (a) The employer elects to secure otherwise the payment of
industrial insurance benefits under this title; or (b) the employer
receives notice from the state fund of the termination or nonrenewal of
insurance.
(2) All liability accruing under the law in effect until July 1,
2012, for employers paying premiums to the industrial insurance
division of the department under this title is transferred on July 1,
2012, to the state fund, together with liabilities for all expenses,
claim costs, administrative costs, and all other obligations arising
out of the operations of the division and having accrued until July 1,
2012.
(3) The powers, duties, and functions of the industrial insurance
division relating to insurance coverage, actuarial computations, claims
management, premium collection, accounting, and all other powers
necessary to administer the state fund as an insurer, that are not
otherwise transferred by this chapter, are vested in the state fund as
of July 1, 2012.
NEW SECTION. Sec. 13 The state of Washington is not liable
beyond the assets of the state fund for any obligations of the state
fund. The state fund shall operate on a parity with other insurers,
other than self-insurers, and must be self-supporting and without
subsidy of any kind. The state fund has the authority to acquire any
equipment, supplies, or other personal or real property, and employ
personnel as may be reasonably necessary to solicit and provide
industrial insurance, and take all actions to enable it to be fully
competitive in offering industrial insurance. The state fund is
subject to the same regulation, examination, reporting requirements,
and disclosure as all other insurers other than self-insurers providing
insurance under this title.
All moneys received by and under the supervision and control of the
state fund must be deposited and maintained by the state fund.
Disbursements from the state fund for all the operating costs of the
fund and for payment of all claims obligations must be on authorization
of the manager or a duly authorized representative of the manager.
NEW SECTION. Sec. 14 A new section is added to chapter 48.19 RCW
to read as follows:
(1) For the purposes of this chapter, the term "industrial
insurance insurer" includes an insurer authorized to insure the
liabilities defined by Title 51 RCW and includes the state fund as
established by section 8 of this act, but does not include any
employer, or any other insurer authorized to provide insurance in this
state that insures a portion of the liability arising from this title
for an employer that is self-insured. However, chapter 48.22 RCW does
not apply to industrial insurance unless specified. When provisions of
this section conflict with other provisions of this title, the
provisions of this section control.
(2) The commissioner shall issue a certificate of authority to be
an industrial insurance insurer if the insurer meets the requirements
to be licensed to sell insurance in this state and meets the applicable
provisions of this title and Title 51 RCW. The commissioner shall
perform all duties required under this title to ensure that each
insurer continues to meet the requirements of the applicable provisions
of this title and Title 51 RCW.
(3) The commissioner shall designate a licensed rating organization
to file with the commissioner, for approval, a manual of
classifications and rules, rating plans, policy forms and provisions,
a payroll limitation, and a statistical reporting plan which provides
data adequate for rate making. Every insurer must be a member of the
licensed rating organization designated by the commissioner and must
adhere to the approved filings required by this section.
(4) The licensed rating organization on behalf of and in lieu of
filings by its members shall file manual rates with the commissioner
for approval. Any member of the rating organization may make written
application to the commissioner for approval of uniform percentage
deviations from the manual rates filed by the rating organization and
approved by the commissioner.
(5) The state fund is entitled to membership on any committee
established in this state by the rating organization.
(6) All manual rates filed by the rating organization are subject
to a payroll limitation approved by the commissioner which must be
adjusted annually by the percentage change in the state average annual
wage determined under RCW 50.04.355.
(7) The commissioner shall establish an assigned risk plan for all
industrial insurance insurers.
(8) This chapter does not prohibit or regulate the payment of
dividends and savings on unabsorbed premium deposits allowed or
returned by industrial insurance insurers to their policyholders,
members, or subscribers. A plan returned by insurers to their
policyholders, members, or subscribers is not a rating plan or system.
NEW SECTION. Sec. 15 (1) Each insurer offering to sell
industrial insurance meeting the requirements of this title, except for
employers that are self-insured, or insurers providing partial
reinsurance for a self-insurer, shall hold a certificate of authority
issued by the commissioner under chapter 48.05 RCW permitting it to
provide industrial insurance. Before issuing the certificate, the
commissioner shall certify that the insurer has the capacity to provide
adequate safety engineering, loss prevention, and claims management
services for all employers the insurer insures. Such a certificate is
not valid if the insurer fails to maintain a location within the state
where applications for industrial insurance benefits may be made and
maintain with the commissioner a list of the locations and telephone
numbers where information may be obtained about all appropriate matters
relating to claims.
(2) Each insurer may refuse to provide industrial insurance for up
to eight percent of employers who apply for insurance with the insurer
except that each insurer shall participate in the assigned risk plan as
provided in section 14 of this act. Any insurer failing to provide
insurance as required by the assigned risk plan is not permitted to
sell industrial insurance in this state.
(3) On the effective date of this section, the state fund must be
issued a certificate of authority from the commissioner. Thereafter,
the state fund is required to maintain the certificate and meet all of
the applicable provisions of Title 48 RCW and this title like any other
insurer.
NEW SECTION. Sec. 16 A new section is added to chapter 51.44 RCW
to read as follows:
A revolving fund to be known and designated as the industrial
insurance administrative fund is created in the custody of the state
treasurer. The commissioner is the administrator of the fund. The
industrial insurance administrative fund is established to provide for
the payment of all expenses of the board of industrial insurance
appeals, and the commissioner with respect to the administration of
their respective duties under this title and those sections of Title 48
RCW governing industrial insurance. Any money appropriated from the
general fund for the uses and purposes of the administrative fund must
be placed in the administrative fund. Only the commissioner or the
commissioner's designee may authorize expenditures from the fund. The
fund is subject to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
NEW SECTION. Sec. 17 A new section is added to chapter 51.44 RCW
to read as follows:
(1) The commissioner shall periodically calculate and collect from
insurers assessments that, with the interest earned, are sufficient to
cover the administrative costs described in sections 16 and 19 of this
act. The time and manner of collecting assessments must be set forth
in rules adopted by the commissioner under chapter 34.05 RCW.
(2) The commissioner shall prepare, as soon as is practicable after
July 1st each year, a line item budget for the industrial insurance
administrative fund for the succeeding fiscal year. The budget must
be based upon the actual expenditures of the preceding fiscal year and
a reasonable estimate of expenses for the succeeding year. This budget
must be adopted in accordance with chapter 34.05 RCW.
(3) The assessment of each insurer must be an amount bearing the
same ratio to the total administrative costs that each insurer's
adjusted premium bears to the aggregated adjusted premium of all
insurers. As used in this subsection "adjusted premium" means:
(a) For insurers, other than self-insurers, the direct earned
premium for industrial insurance under this title, determined under
uniform rules adopted by the commissioner; and
(b) For self-insurers, the premium that would have been incurred
had it insured its liability under this title with the state fund,
determined under uniform rules adopted by the commissioner.
(4) The assessment for each insurer must be calculated in the
following manner:
(a) The assessment for each insurer must be based on adjusted
premium for the period immediately preceding the period to which the
assessment will apply.
(b) The periodic assessment must be adjusted after each fiscal year
to reflect the actual adjusted premium of each insurer for that fiscal
year, as determined by the commissioner.
(c) Notwithstanding any provision of this section, each insurer may
be assessed annually a minimum amount not to exceed five hundred
dollars, as determined by the commissioner.
(d) As of July 1, 2013, assessments must be determined for insurers
on a fiscal year basis and collected annually, and (b) of this
subsection no longer applies.
(5) Assessments are payable in full within thirty days of the
notice of assessment. If any insurer fails to pay the assessment by
the date due, interest may be charged on all past due amounts at a
reasonable market rate as may be established from time to time.
(6) In no event may any assessment made under this section exceed
four percent per annum of the total taxable industrial insurance
premiums in this state for the year immediately preceding the
assessment.
(7) Any amount resulting from or anticipated for expenditures from
the industrial insurance administrative fund that arises from the
uncorrected default of a self-insurer must be assessed only upon
self-insurers.
NEW SECTION. Sec. 18 Insurers other than self-insurers may
insure the industrial insurance obligations of employers as a group if
the following conditions are met:
(1) All the employers in the group are members of an organization
that has been in existence for at least four years;
(2) The organization exists primarily for a purpose other than that
of obtaining or offering industrial insurance coverage or insurance-related services;
(3) The group must be composed of employers who are substantially
similar considering the services or activities performed by the
employees of those employers; and
(4) The formation and operation of the group program in the
organization will substantially improve accident prevention and claim
management for the employers in the group.
NEW SECTION. Sec. 19 A new section is added to chapter 51.16 RCW
to read as follows:
It is a default whenever industrial insurance benefits due under
this title are not paid as required. Industrial insurance benefits due
must be paid as follows:
(1) When the default results from the failure of an employer to
secure the payment of industrial insurance benefits due under this
title, industrial insurance benefits must be paid by the commissioner
from the industrial insurance administrative fund. In addition to any
penalty imposed under RCW 51.48.010, the defaulting employer is liable
for payment into the industrial insurance administrative fund the
amounts paid therefrom by the commissioner plus market interest on any
outstanding balance. For the purpose of enforcing this liability, the
commissioner, for the benefit of the industrial insurance
administrative fund, is subrogated to all of the rights of the person
receiving the industrial insurance benefits;
(2) When the default results from the failure of a self-insurer to
make industrial insurance payments, industrial insurance benefits must
be paid by the commissioner from the industrial insurance
administrative fund only after the moneys available from the bonds or
other security provided under the requirements of this title have been
exhausted. The defaulting self-insurer is liable for payment into the
industrial insurance administrative fund the amounts paid therefrom by
the commissioner plus market interest on any unpaid balance. For the
purpose of enforcing this liability, the commissioner, for the benefit
of the industrial insurance administrative fund, is subrogated to all
of the rights of the person receiving the industrial insurance
benefits;
(3) When the default results from the failure of an insolvent
insurer as defined in RCW 48.32.030, to make industrial insurance
benefit payments, industrial insurance benefits must be paid by the
commissioner from the industrial insurance administrative fund. The
Washington insurance guaranty association, as defined by chapter 48.32
RCW, is liable for payment into the industrial insurance administrative
fund the amounts paid therefrom by the commissioner in lieu of paying
the amounts of industrial insurance benefits directly to the claimant;
(4) In cases other than those involving insurer insolvency when
industrial insurance benefits are not timely paid or where the payment
of industrial insurance benefits are delayed as a result of a dispute
as to which insurer is responsible for the payment of industrial
insurance benefits, the payments must be made from the industrial
insurance administrative fund and the commissioner has the right of
recovery from the party or parties ultimately deemed responsible for
the payment of the industrial insurance benefits; and
(5) The commissioner may purchase insurance for the industrial
insurance administrative fund to pay for defaults under this section.
The administrative fund must be used to pay for the insurance, and the
liability of insurers is limited to the liabilities not paid by the
insurance. The commissioner shall actively pursue legal action to
collect payments to the industrial insurance administrative fund as set
forth in this section.
NEW SECTION. Sec. 20 The accident and loss experience records
and related data of the division of industrial insurance, for periods
before the effective date of this section, must be made available to
the licensed rating organization designated by the commissioner under
section 14 of this act to assist in making workers' compensation rates.
The division of industrial insurance must be reimbursed for the actual
reasonable cost of reproduction and delivery of the records and data.
NEW SECTION. Sec. 21 A new section is added to chapter 51.44 RCW
to read as follows:
There is created in the office of the state treasurer a fund to be
known and designated as the self-insurance reserve fund. The portion
of the assets and liabilities of the reserve fund previously maintained
under RCW 51.44.030 attributable to self-insurers pursuant to RCW
51.44.140 shall be transferred to the self-insurance reserve fund on
July 1, 2012.
NEW SECTION. Sec. 22 A new section is added to chapter 51.28 RCW
to read as follows:
(1) The insurer shall notify the employer of an injured worker:
(a) Of its decision whether or not to pay industrial insurance
benefits for any application for industrial insurance benefits within
five days of making a decision;
(b) Each time the insurer makes a decision to pay industrial
insurance benefits pursuant to chapter 51.32 RCW; and
(c) At intervals not to exceed thirty calendar days of any medical
services approved or authorized under chapter 51.36 RCW.
(2) Each notice under this section must include an explanation, in
nontechnical language, of the potential impacts of the decision on the
industrial insurance rates of the employer and the employer's right to
appeal the decision. The sixty-day requirement to request
reconsideration or appeal a decision does not begin until the notice
has been sent to the employer.
(3) Failure of the insurer to provide the notice required by this
section prohibits the insurer from reporting against the employer's
experience on the benefits provided, but which the employer was not
notified about in accordance with this section.
NEW SECTION. Sec. 23 The exercise of the following functions
begin on the effective date of this section:
(1) Adoption of rules authorized by RCW 43.22.030 and 51.04.020;
(2) Filings authorized by section 14 of this act;
(3) Qualifications of insurers to write industrial insurance;
(4) Provision of statistical information;
(5) Computation of assessments, if any, payable after the effective
date of that section, and based upon estimated expenses of the
administrative fund and estimated assessments therefor;
(6) Section 20 of this act; and
(7) Appointment of a board of directors and the selection of a
manager of the state fund by the board, and permitting the board,
manager, and director to do all things necessary to establish the state
fund and prepare for the transfer of funds, functions, and personnel as
required by Title 51 RCW.
Sec. 24 RCW 48.32.020 and 2005 c 100 s 2 are each amended to read
as follows:
(1) This chapter applies to all kinds of direct insurance, except
life, title, surety, disability, credit, mortgage guaranty, ((workers'
compensation,)) and ocean marine. ((Workers' compensation as used in
this section does not include longshore and harbor workers'
compensation act insurance.))
(2) This chapter does not apply to an obligation of, nor create a
duty in, a self-insurer certified under RCW 51.14.030 or the state fund
created in section 8 of this act.
Sec. 25 RCW 51.04.020 and 2000 c 5 s 14 are each amended to read
as follows:
The ((director)) commissioner shall:
(1) Establish and adopt rules governing the administration of this
title;
(2) ((Ascertain and establish the amounts to be paid into and out
of the accident fund;)) Regulate the proof of accident and extent thereof, the proof
of death and the proof of relationship and the extent of dependency;
(3)
(((4) Supervise the)) (3) Establish and adopt rules governing
medical, surgical, and hospital treatment to the intent that it may be
in all cases efficient and up to the recognized standard of modern
surgery;
(((5) Issue proper receipts for moneys received and certificates
for benefits accrued or accruing;)) (4) Regulate the claims handling practices of all insurers to
achieve prompt and fair claims services to injured workers and
beneficiaries;
(6)
(5) Investigate the cause of all serious injuries and report to the
governor from time to time any violations or laxity in performance of
protective statutes or regulations coming under the observation of the
department;
(((7))) (6) Compile statistics which will afford reliable
information upon which to base operations of all divisions under the
department;
(((8))) (7) Make an annual report to the governor of the workings
of the ((department)) industrial insurance division;
(((9))) (8) Be empowered to enter into agreements with the
appropriate agencies of other states relating to conflicts of
jurisdiction where the contract of employment is in one state and
injuries are received in the other state, and insofar as permitted by
the Constitution and laws of the United States, to enter into similar
agreements with the provinces of Canada; and
(((10))) (9) Designate a medical director who is licensed under
chapter 18.57 or 18.71 RCW.
Sec. 26 RCW 51.04.040 and 1987 c 316 s 1 are each amended to read
as follows:
The director and his or her authorized assistants shall have power
to issue subpoenas to enforce the attendance and testimony of witnesses
and the production and examination of books, papers, photographs,
tapes, and records before the department in connection with any claim
made ((to the department, any billing submitted to the department, or
the assessment or collection of premiums)) under this title. The
superior court shall have the power to enforce any such subpoena by
proper proceedings.
Sec. 27 RCW 51.04.070 and 1980 c 14 s 2 are each amended to read
as follows:
A minor shall be deemed sui juris for the purpose of this title,
and no other person shall have any cause of action or right to
compensation for an injury to such minor worker, except as expressly
provided in this title, but in the event of any disability payments
becoming due under this title to a minor worker, under the age of
eighteen, such disability payments shall be paid to his or her parent,
guardian or other person having legal custody of his or her person
until he or she reaches the age of eighteen. Upon the submission of
written authorization by any such parent, guardian, or other person,
any such disability payments may be paid directly to such injured
worker under the age of eighteen years. If it is necessary to appoint
a legal guardian to receive such disability payments, there shall be
paid ((from the accident fund or by the self-insurer, as the case may
be,)) by the insurer toward the expenses of such guardianship a sum not
to exceed three hundred dollars.
Sec. 28 RCW 51.04.090 and 1977 ex.s. c 350 s 5 are each amended
to read as follows:
If any employer shall be adjudicated to be outside the lawful scope
of this title, the title shall not apply to him or her or his or her
worker, or if any worker shall be adjudicated to be outside the lawful
scope of this title because of remoteness of his or her work from the
hazard of his or her employer's work, any such adjudication shall not
impair the validity of this title in other respects, and in every such
case an accounting in accordance with the justice of the case shall be
had of moneys received. If the provisions ((for the creation of the
accident fund, or the provisions)) of this title making the
compensation to the worker provided in it exclusive of any other remedy
on the part of the worker shall be held invalid the entire title shall
be thereby invalidated. In other respects an adjudication of
invalidity of any part of this title shall not affect the validity of
the title as a whole or any other part thereof.
Sec. 29 RCW 51.04.100 and 1977 ex.s. c 350 s 6 are each amended
to read as follows:
If the provisions of this title relative to compensation for
injuries to or death of workers become invalid because of any
adjudication, or be repealed, the period intervening between the
occurrence of an injury or death, not previously compensated for under
this title by lump payment or completed monthly payments, and such
repeal or the rendition of the final adjudication of invalidity shall
not be computed as a part of the time limited by law for the
commencement of any action relating to such injury or death: PROVIDED,
That such action be commenced within one year after such repeal or
adjudication; but in any such action any sum paid out ((of the accident
fund)) to the worker on account of injury, to whom the action is
prosecuted, shall be taken into account or disposed of as follows: If
the defendant employer shall have paid without delinquency ((into the
accident fund)) the payment provided by this title, such sums shall be
credited upon the recovery as payment thereon, otherwise the sum shall
not be so credited but shall be deducted from the sum collected and be
paid ((into the said fund)) to the source from which they had been
previously disbursed.
Sec. 30 RCW 51.04.105 and 1977 ex.s. c 323 s 25 are each amended
to read as follows:
The obligations of all medical aid contracts approved by the
supervisor prior to the repeal of any section of this title pertaining
to medical aid contracts shall continue until the expiration of such
contracts notwithstanding any such repeal and all provisions of this
title pertaining to the operation of medical aid contracts and the
control and supervision of such contracts which were in effect at the
time of such approval shall, notwithstanding any other provision of
law, remain in full force and effect. All medical aid contracts expire
June 30, 2012.
Sec. 31 RCW 51.04.130 and 1997 c 109 s 1 are each amended to read
as follows:
The department ((of labor and industries)) upon the request of the
secretary of defense of the United States or the secretary of the
United States department of energy, may in its discretion approve
special insuring agreements providing industrial insurance coverage for
workers engaged in the performance of work, either directly or
indirectly, for the United States, regarding projects and contracts at
the Hanford Nuclear Reservation. The agreements need not conform to
the requirements specified in the industrial insurance law of this
state if the department finds that the application of the plan will
effectively aid the national interest. The department may also approve
or direct changes or modifications of the agreements as it deems
necessary.
An agreement entered into under this section remains in full force
and effect for as long as the department deems it necessary to
accomplish the purposes of this section.
Sec. 32 RCW 51.08.015 and 1977 ex.s. c 350 s 9 are each amended
to read as follows:
Wherever and whenever in any of the provisions of this title
relating to any payments to the commissioner by an employer ((or)),
worker, or insurer the words "amount" and/or "amounts," "payment"
and/or "payments," (("premium" and/or "premiums,")) "contribution"
and/or "contributions," and "assessment" and/or "assessments" appear
said words shall be construed to mean taxes, which are the money
payments by an employer ((or)), worker, or insurer which are required
by this title to be made to the state treasury for the ((accident))
industrial insurance administrative fund, ((the medical aid fund,)) the
supplemental pension fund, the second injury fund, or any other fund
created by this title that is administered by the commissioner.
Sec. 33 RCW 51.12.035 and 2002 c 175 s 39 are each amended to
read as follows:
(1) Volunteers shall be deemed employees and/or workers, as the
case may be, for all purposes relating to medical aid benefits under
chapter 51.36 RCW.
A "volunteer" shall mean a person who performs any assigned or
authorized duties for the state or any agency thereof, except emergency
services workers as described by chapter 38.52 RCW, brought about by
one's own free choice, receives no wages, and is registered and
accepted as a volunteer by the state or any agency thereof, prior to
the occurrence of the injury or the contraction of an occupational
disease, for the purpose of engaging in authorized volunteer service:
PROVIDED, That such person shall be deemed to be a volunteer although
he or she may be granted maintenance and reimbursement for actual
expenses necessarily incurred in performing his or her assigned or
authorized duties.
Any and all premiums or assessments due under this title on account
of such volunteer service shall be the obligation of and be paid by the
state or any agency thereof which has registered and accepted the
services of volunteers.
(2) Except as provided in RCW 51.12.050, volunteers may be deemed
employees and/or workers, as the case may be, for all purposes relating
to medical aid benefits under chapter 51.36 RCW at the option of any
city, county, town, special district, municipal corporation, or
political subdivision of any type, or any private nonprofit charitable
organization, when any such unit of local government or any such
nonprofit organization has given notice of covering all of its
volunteers to the ((director)) insurer prior to the occurrence of the
injury or contraction of an occupational disease.
A "volunteer" shall mean a person who performs any assigned or
authorized duties for any such unit of local government, or any such
organization, except emergency services workers as described by chapter
38.52 RCW, or firefighters covered by chapter 41.24 RCW, brought about
by one's own free choice, receives no wages, and is registered and
accepted as a volunteer by any such unit of local government, or any
such organization which has given such notice, for the purpose of
engaging in authorized volunteer services: PROVIDED, That such person
shall be deemed to be a volunteer although he or she may be granted
maintenance and reimbursement for actual expenses necessarily incurred
in performing his or her assigned or authorized duties: PROVIDED
FURTHER, That juveniles performing community restitution under chapter
13.40 RCW may not be granted coverage as volunteers under this section.
Any and all premiums or assessments due under this title on account
of such volunteer service for any such unit of local government, or any
such organization shall be the obligation of and be paid by such
organization which has registered and accepted the services of
volunteers and exercised its option to secure the medical aid benefits
under chapter 51.36 RCW for such volunteers.
Sec. 34 RCW 51.12.050 and 2001 c 138 s 2 are each amended to read
as follows:
(1) Whenever a public entity engages in any work, or let a contract
therefor, in which workers are employed for wages, this title shall be
applicable thereto. The employer's payments ((into the accident fund))
of premiums shall be made from the treasury of the public entity. If
the work is being done by contract, the payroll of the contractor and
the subcontractor shall be the basis of computation and, in the case of
contract work consuming less than one year in performance, the required
payment ((into the accident fund)) of premiums shall be based upon the
total payroll. The contractor and any subcontractor shall be subject
to the provisions of this title, and the state for its general fund,
the county, municipal corporation, or other taxing district shall be
entitled to collect from the contractor the full amount payable ((to
the accident fund)) of premiums and the contractor, in turn, shall be
entitled to collect from the subcontractor his or her proportionate
amount of the payment.
(2)(a) A public entity may seek partnerships with volunteer groups
and businesses to engage in community improvement projects to benefit
the public entity. In administering a project, the public entity must:
(i) Provide prospective donors and participants written notice of
the risks and responsibilities to be assumed by the public entity and
the donors or participants. A volunteer donating labor on the project
must, before beginning work, document in writing that he or she has
received the notice and that he or she is donating labor as a result of
his or her own free choice; and
(ii) Pay premiums and assessments required under this title to
secure medical aid benefits under chapter 51.36 RCW for volunteers
donating labor on the project.
(b) A contractor or employer donating equipment or materials for
use on a community improvement project shall not, for the purposes of
this title, be considered the employer of an individual donating labor
unless the contractor or employer pays the individual wages for working
on the project or makes working on the project a condition of
employment. This subsection applies regardless of whether:
(i) The contractor or employer informs the individual about the
community improvement project or encourages the individual to donate
labor on the project;
(ii) The individual uses equipment or materials on the project that
are donated by the contractor or the individual's employer; or
(iii) The individual is granted maintenance or reimbursement for
actual expenses necessarily incurred in performing labor for the
project.
(3) Whenever and so long as, by state law, city charter, or
municipal ordinance, provision is made for employees or peace officers
injured in the course of employment, such employees shall not be
entitled to the benefits of this title and shall not be included in the
payroll of the municipality under this title: PROVIDED, That whenever
any state law, city charter, or municipal ordinance only provides for
payment to the employee of the difference between his or her actual
wages and that received under this title such employees shall be
entitled to the benefits of this title and may be included in the
payroll of the municipality.
(4) The definitions in this subsection apply throughout this
section, unless the context clearly requires otherwise.
(a) "Community improvement project" means a project sponsored by a
public entity that uses donated labor, materials, or equipment and
includes, but is not limited to, projects to repair, restore, or
preserve historic property.
(b) "Historic property" means real property owned by a public
entity including, but not limited to, barns, schools, military
structures, and cemeteries.
(c) "Public entity" means the state, county, any municipal
corporation, or other taxing district.
Sec. 35 RCW 51.12.070 and 2004 c 243 s 2 are each amended to read
as follows:
The provisions of this title apply to all work done by contract;
the person, firm, or corporation who lets a contract for such work is
responsible primarily and directly for all premiums upon the work. The
contractor and any subcontractor are subject to the provisions of this
title and the person, firm, or corporation letting the contract is
entitled to collect from the contractor the full amount payable in
premiums and the contractor in turn is entitled to collect from the
subcontractor his or her proportionate amount of the payment.
For the purposes of this section, a contractor registered under
chapter 18.27 RCW or licensed under chapter 19.28 RCW is not
responsible for any premiums upon the work of any subcontractor if:
(1) The subcontractor is currently engaging in a business which is
registered under chapter 18.27 RCW or licensed under chapter 19.28 RCW;
(2) The subcontractor has a principal place of business which would
be eligible for a business deduction for internal revenue service tax
purposes other than that furnished by the contractor for which the
business has contracted to furnish services;
(3) The subcontractor maintains a separate set of books or records
that reflect all items of income and expenses of the business;
(4) The subcontractor has contracted to perform:
(a) The work of a contractor as defined in RCW 18.27.010; or
(b) The work of installing wires or equipment to convey electric
current or installing apparatus to be operated by such current as it
pertains to the electrical industry as described in chapter 19.28 RCW;
and
(5) The subcontractor has an industrial insurance account in good
standing with ((the department or is a self-insurer)) an insurer. For
the purposes of this subsection, a contractor may consider a
subcontractor's account to be in good standing if, within a year prior
to letting the contract or master service agreement, and at least once
a year thereafter, the contractor has verified with the department that
the account is in good standing and the contractor has not received
written notice from the department that the subcontractor's account
status has changed. Acceptable documentation of verification includes
a department document which includes an issued date or a dated printout
of information from the department's internet web site showing a
subcontractor's good standing. The department shall develop an
approach to provide contractors with verification of the date of
inquiries validating that the subcontractor's account is in good
standing.
It is unlawful for any county, city, or town to issue a
construction building permit to any person who has not submitted ((to
the department an estimate of payroll and paid premium thereon as
provided by chapter 51.16 RCW of this title or proof of qualification
as a self-insurer)) proof that the person has secured the payment of
industrial insurance benefits under this title.
Sec. 36 RCW 51.12.110 and 1991 c 246 s 5 are each amended to read
as follows:
Any employer who has in his or her employment any person or persons
excluded from mandatory coverage pursuant to RCW 51.12.020 may file
notice in writing with the director and the insurer, on such forms as
the department may provide, of his or her election to make such persons
otherwise excluded subject to this title. The employer shall forthwith
display in a conspicuous manner about his or her works, and in a
sufficient number of places to reasonably inform his or her workers of
the fact, printed notices furnished by the ((department)) insurer
stating that he or she has so elected. ((Said)) The election shall
become effective upon the filing of ((said)) notice in writing. The
employer and his or her workers shall be subject to all the provisions
of this title and entitled to all of the benefits thereof: PROVIDED,
That those who have heretofore complied with the foregoing conditions
and are carried and considered ((by the department)) as within the
purview of this title shall be deemed and considered as having fully
complied with its terms and shall be continued ((by the department)) as
entitled to all of the benefits and subject to all of the liabilities
without other or further action. Any employer who has complied with
this section may withdraw his or her acceptance of liability under this
title by filing written notice with the director and the insurer of the
withdrawal of his or her acceptance. Such withdrawal shall become
effective thirty days after the filing of such notice or on the date of
the termination of the security for payment of compensation, whichever
last occurs. The employer shall, at least thirty days before the
effective date of the withdrawal, post reasonable notice of such
withdrawal where the affected worker or workers work and shall
otherwise notify personally the affected workers. Withdrawal of
acceptance of this title shall not affect the liability of the
((department or self-))insurer for compensation for any injury
occurring during the period of acceptance.
The ((department)) insurer shall have the power to cancel the
elective adoption coverage if any required payments or reports have not
been made. Cancellation ((by the department)) shall be no later than
thirty days from the date of notice in writing ((by the department))
advising of cancellation being made.
Sec. 37 RCW 51.12.120 and 2008 c 88 s 1 are each amended to read
as follows:
(1) If a worker, while working outside the territorial limits of
this state, suffers an injury on account of which he or she, or his or
her beneficiaries, would have been entitled to compensation under this
title had the injury occurred within this state, the worker, or his or
her beneficiaries, shall be entitled to compensation under this title
if at the time of the injury:
(a) His or her employment is principally localized in this state;
or
(b) He or she is working under a contract of hire made in this
state for employment not principally localized in any state; or
(c) He or she is working under a contract of hire made in this
state for employment principally localized in another state whose
workers' compensation law is not applicable to his or her employer; or
(d) He or she is working under a contract of hire made in this
state for employment outside the United States and Canada.
(2) The payment or award of compensation or other recoveries,
including settlement proceeds, under the workers' compensation law of
another state, territory, province, or foreign nation to a worker or
his or her beneficiaries otherwise entitled on account of such injury
to compensation under this title shall not be a bar to a claim for
compensation under this title if that claim under this title is timely
filed. If compensation is paid or awarded under this title, the total
amount of compensation or other recoveries, including settlement
proceeds, paid or awarded the worker or beneficiary under such other
workers' compensation law shall be credited against the compensation
due the worker or beneficiary under this title.
(3)(a) An employer not domiciled in this state who is employing
workers in this state in work for which the employer must be registered
under chapter 18.27 RCW or licensed under chapter 19.28 RCW, or
prequalified under RCW 47.28.070, must secure the payment of
((compensation)) industrial insurance benefits under this title ((by:)). For employers domiciled in a state or province of Canada
subject to an agreement entered into under subsection (7) of this
section, as permitted by the agreement, filing with the department a
certificate of coverage issued by the agency that administers the
workers' compensation law in the employer's state or province of
domicile certifying that the employer has secured the payment of
compensation under the other state's or province's workers'
compensation law.
(i) Insuring the employer's workers' compensation obligation under
this title with the department;
(ii) Being qualified as a self-insurer under this title; or
(iii)
(b) The department shall adopt rules to implement this subsection.
(4) If a worker or beneficiary is entitled to compensation under
this title by reason of an injury sustained in this state while in the
employ of an employer who is domiciled in another state or province of
Canada and the employer:
(a) Is not subject to subsection (3) of this section and has
((neither opened an account with the department nor qualified as a
self-insurer)) not secured the payment of industrial insurance benefits
under this title, the employer or his or her insurance carrier shall
file with the director a certificate issued by the agency that
administers the workers' compensation law in the state of the
employer's domicile, certifying that the employer has secured the
payment of compensation under the workers' compensation law of the
other state and that with respect to the injury the worker or
beneficiary is entitled to the benefits provided under the other
state's law.
(b) Has filed a certificate under subsection (3)(a)(((iii))) of
this section or (a) of this subsection (4):
(i) The filing of the certificate constitutes appointment by the
employer or his or her insurance carrier of the director as its agent
for acceptance of the service of process in any proceeding brought by
any claimant to enforce rights under this title;
(ii) The director shall send to such employer or his or her
insurance carrier, by registered or certified mail to the address shown
on such certificate, a true copy of any notice of claim or other
process served on the director by the claimant in any proceeding
brought to enforce rights under this title;
(iii) If the employer is a self-insurer under the workers'
compensation law of the other state or province of Canada, the employer
shall, upon submission of evidence or security, satisfactory to the
director, of his or her ability to meet his or her liability to the
claimant under this title, be deemed to be a qualified self-insurer
under this title; and
(iv) If the employer's liability under the workers' compensation
law of the other state or province of Canada is insured:
(A) The employer's carrier, as to such claimant only, shall be
deemed to be subject to this title. However, unless the insurer's
contract with the employer requires the insurer to pay an amount
equivalent to the compensation benefits provided by this title, the
insurer's liability for compensation shall not exceed the insurer's
liability under the workers' compensation law of the other state or
province; and
(B) If the total amount for which the employer's insurer is liable
under (b)(iv)(A) of this subsection is less than the total of the
compensation to which the claimant is entitled under this title, the
director may require the employer to file security satisfactory to the
director to secure the payment of compensation under this title.
(c) If subject to subsection (3) of this section, has not complied
with subsection (3) of this section or, if not subject to subsection
(3) of this section, has neither qualified as a self-insurer nor
secured insurance coverage under the workers' compensation law of
another state or province of Canada, the claimant shall be paid
compensation by the department from the industrial insurance
administrative fund and the employer shall have the same rights and
obligations, and is subject to the same penalties, as other employers
subject to this title.
(5) As used in this section:
(a) A person's employment is principally localized in this or
another state when: (i) His or her employer has a place of business in
this or the other state and he or she regularly works at or from the
place of business; or (ii) if (a)(i) of this subsection is not
applicable, he or she is domiciled in and spends a substantial part of
his or her working time in the service of his or her employer in this
or the other state;
(b) "Workers' compensation law" includes "occupational disease law"
for the purposes of this section.
(6) A worker whose duties require him or her to travel regularly in
the service of his or her employer in this and one or more other states
may agree in writing with his or her employer that his or her
employment is principally localized in this or another state, and,
unless the other state refuses jurisdiction, the agreement shall govern
as to any injury occurring after the effective date of the agreement.
(7) The director is authorized to enter into agreements with the
appropriate agencies of other states and provinces of Canada that
administer their workers' compensation law with respect to conflicts of
jurisdiction and the assumption of jurisdiction in cases where the
contract of employment arises in one state or province and the injury
occurs in another. If the other state's or province's law requires
Washington employers to secure the payment of compensation under the
other state's or province's workers' compensation laws for work
performed in that state or province, then employers domiciled in that
state or province must purchase compensation covering their workers
engaged in that work in this state under this state's industrial
insurance law. When an agreement under this subsection has been
executed and adopted as a rule of the department under chapter 34.05
RCW, it binds all employers and workers subject to this title and the
jurisdiction of this title is governed by this rule.
(8) Washington employers who are not self-insured under chapter
51.14 RCW shall obtain workers' compensation coverage ((from the state
fund)) for temporary and incidental work performed on jobs or at
jobsites in another state by their Washington workers. The department
is authorized to adopt rules governing premium liability and reporting
requirements for hours of work in excess of temporary and incidental as
defined in this chapter.
(9) "Temporary and incidental" means work performed by Washington
employers on jobs or at jobsites in another state for thirty or fewer
consecutive or nonconsecutive full or partial days within a calendar
year. Temporary and incidental days are considered on a per state
basis.
(10) By December 1, 2011, the department shall report to the
workers' compensation advisory committee on the effect of this section
on the revenue and costs to the state fund.
Sec. 38 RCW 51.12.140 and 1977 ex.s. c 113 s 1 are each amended
to read as follows:
(1) As used in this section:
(a) "Municipal corporation" means any city, town, or county
authorized by law to maintain and operate a law enforcement department;
(b) "Law enforcement department" means any regularly organized
police department, sheriff's department, department of public safety,
or other similar organization which has as its primary purpose the
enforcement of state or local penal laws and the preservation of public
order, which consists wholly of volunteer law enforcement officers or
a combination of volunteer and paid law enforcement officers, and which
is duly organized and maintained by a municipal corporation;
(c) "Volunteer law enforcement officer" means a person who is a
member of a law enforcement department and who (i) performs assigned or
authorized duties for the law enforcement department by his or her own
free choice; (ii) serves in a position that is not basically clerical
or secretarial in nature; (iii) is registered and accepted as a
volunteer by the law enforcement department; and (iv) receives no
monetary remuneration other than maintenance and reimbursement for
actual expenses necessarily incurred in performing assigned duties; and
(d) "Performance of duty" includes any work in and about the
volunteer law enforcement officers' quarters, police station, or any
other place under the direction or general orders of the officer having
the authority to order a volunteer law enforcement officer to perform
the work; providing law enforcement assistance; patrol; drill; and any
work of an emergency nature performed in accordance with the rules of
the law enforcement department.
(2) Any municipal corporation maintaining and operating a law
enforcement department may elect to provide coverage under this title
for all of its volunteer law enforcement officers for death or
disability occurring in the performance of their duties as volunteer
law enforcement officers. Any municipal corporation electing to
provide the coverage shall file a written notice of coverage with the
director.
(3) Coverage under this section shall be for all the applicable
death, disability, and medical aid benefits of this title and shall be
effective only for injuries which occur and occupational diseases which
are contracted after the notice of coverage has been filed with the
director.
Nothing in this subsection shall be construed to prohibit a
municipal corporation from covering its volunteer law enforcement
officers and other volunteers under RCW 51.12.035(2), as now or
hereafter amended, for medical aid benefits only.
(4) Volunteer law enforcement officers for whom municipal
corporations have given notice of coverage under this section shall be
deemed workers or employees, as the case may be, and the performance of
their duties shall be deemed employment or in the course of employment,
as the case may be, for all purposes of this title except where
expressly excluded or where the context clearly requires otherwise.
(5) All premiums, assessments, contributions, and penalties due
under this title because coverage is provided under this section shall
be the obligation of and be paid by the municipal corporation giving
the notice of coverage to the director.
(6) Any municipal corporation electing coverage under this section
shall maintain a time log in which the number of hours worked by each
of its volunteer law enforcement officers is recorded. The log shall
be made available for inspection upon the request of any authorized
employee of the department or the insurer of the municipal corporation.
(7) Any municipal corporation electing coverage under this section
may withdraw the coverage by filing a written notice of the withdrawal
with the ((director)) insurer. The withdrawal shall become effective
thirty days after filing the notice or on the date of the termination
of the security for payment of compensation, whichever occurs later.
At least thirty days before the effective date of the withdrawal, the
municipal corporation shall notify each of its volunteer law
enforcement officers of the withdrawal. Withdrawal of coverage under
this section shall not affect the liability of the ((department or
self-))insurer for compensation for any injury occurring during the
period in which coverage was provided.
Sec. 39 RCW 51.12.170 and 1994 c 246 s 1 are each amended to read
as follows:
(1) An employer covered under this title may elect to include
student volunteers as employees or workers for all purposes relating to
medical aid benefits under chapter 51.36 RCW. The employer shall give
notice of its intent to cover all of its student volunteers to the
((director)) insurer prior to the occurrence of the injury or
contraction of an occupational disease.
(2) A student volunteer is an enrolled student in a public school
as defined in RCW 28A.150.010 who is participating as a volunteer under
a program authorized by the public school. The student volunteer shall
perform duties for the employer without wages. The student volunteer
shall be deemed to be a volunteer even if the student is granted
maintenance and reimbursement for actual expenses necessarily incurred
in performing his or her assigned or authorized duties. A person who
earns wages for the services performed is not a student volunteer.
(3) Any and all premiums or assessments due under this title on
account of service by a student volunteer shall be paid by the employer
who has registered and accepted the services of volunteers and has
exercised its option to secure the medical aid benefits under chapter
51.36 RCW for the student volunteers.
Sec. 40 RCW 51.14.010 and 1971 ex.s. c 289 s 26 are each amended
to read as follows:
Every employer under this title shall secure the payment of
compensation under this title by:
(1) Insuring and keeping insured the payment of such industrial
insurance benefits with the state fund; ((or))
(2) Qualifying as a self-insurer under this title; or
(3) Insuring and keeping insured the payment of compensation with
any private insurer meeting the requirements of section 15 of this act.
Sec. 41 RCW 51.14.050 and 1971 ex.s. c 289 s 30 are each amended
to read as follows:
(1) Any employer may at any time terminate his or her status as a
self-insurer by giving the director written notice stating when, not
less than thirty days thereafter, such termination shall be effective,
provided such termination shall not be effective until the employer
either shall have ceased to be an employer or shall have filed with the
director ((for state industrial insurance coverage)) proof that he or
she has otherwise secured the payment of industrial insurance benefits
under this title.
(2) An employer who ceases to be a self-insurer, and who so files
with the director, must maintain money, securities, or surety bonds
deemed sufficient in the director's discretion to cover the entire
liability of such employer for injuries or occupational diseases to his
or her employees which occurred during the period of self-insurance:
PROVIDED, That the ((director)) employer's new insurer may agree ((for
the medical aid and accident funds)) to assume the obligation of such
claims, in whole or in part, and shall adjust the employer's premium
rate without approval by the commissioner to provide for the payment of
such obligations on behalf of the employer.
Sec. 42 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
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)) the
manner in which the employer has secured the payment of compensation,
and shall designate a person or persons on the premises to whom report
of injury shall be made and the name, telephone number, and exact
location within the state where application for compensation should be
made.
(2) Any employer who has failed to ((open an account with the
department or qualify as a self-insurer)) secure payment of industrial
insurance benefits 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 a misdemeanor.
Sec. 43 RCW 51.14.300 and 2007 c 281 s 1 are each amended to read
as follows:
The office of the ombudsman for workers ((of industrial insurance
self-insured employers)) is created. The ombudsman shall be appointed
by the governor and report directly to the director of the department.
The office of the ombudsman may be openly and competitively contracted
by the governor in accordance with chapter 39.29 RCW but shall not be
physically housed within the industrial insurance division.
Sec. 44 RCW 51.14.340 and 2007 c 281 s 5 are each amended to read
as follows:
The office of the ombudsman shall have the following powers and
duties:
(1) To act as an advocate for injured workers ((of self-insured
employers));
(2) To offer and provide information on industrial insurance as
appropriate to workers ((of self-insured employers));
(3) To identify, investigate, and facilitate resolution of
industrial insurance complaints from workers ((of self-insured
employers));
(4) To maintain a statewide toll-free telephone number for the
receipt of complaints and inquiries; and
(5) To refer complaints to the department when appropriate.
Sec. 45 RCW 51.14.350 and 2007 c 281 s 6 are each amended to read
as follows:
(1) The office of the ombudsman shall develop referral procedures
for complaints by workers ((of self-insured employers)). The
department shall act as quickly as possible on any complaint referred
to them by the office of the ombudsman.
(2) The department shall respond to any complaint against ((a
self-insured employer)) an insurer referred to it by the office of the
ombudsman and shall forward the office of the ombudsman a summary of
the results of the investigation and action proposed or taken.
Sec. 46 RCW 51.14.360 and 2007 c 281 s 7 are each amended to read
as follows:
(1) No ombudsman is liable for good faith performance of
responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may be
taken against any employee ((of a self-insured employer)) for any
communication made, or information given or disclosed, to assist the
ombudsman in carrying out its duties and responsibilities, unless the
same was done maliciously. This subsection is not intended to infringe
on the rights of the employer to supervise, discipline, or terminate an
employee for other reasons.
(3) All communications by the ombudsman, if reasonably related to
the requirements of his or her responsibilities under this chapter and
done in good faith, are privileged and confidential, and this shall
serve as a defense to any action in libel or slander.
(4) Representatives of the office of the ombudsman are exempt from
being required to testify as to any privileged or confidential matters
except as the court may deem necessary to enforce this chapter.
Sec. 47 RCW 51.14.380 and 2007 c 281 s 9 are each amended to read
as follows:
The ombudsman shall integrate into existing posters and brochures
information explaining the ombudsman program. Both the posters and the
brochures shall contain the ombudsman's toll-free telephone number.
Every ((self-insured)) employer must place a poster in an area where
all workers have access to it. The ((self-insured)) employer must
provide a brochure to all injured workers at the time the employer is
notified of the worker's injury.
Sec. 48 RCW 51.14.390 and 2007 c 281 s 10 are each amended to
read as follows:
(1) To provide start-up funding for the office of the ombudsman,
the department shall impose a one-time assessment on all
((self-insurers)) insurers. The amount of the assessment shall be
determined by the department and shall not exceed the amount needed to
pay the start-up costs.
(2) Ongoing funding for the office of the ombudsman shall be
obtained as part of an annual administrative assessment ((of
self-insurers under RCW 51.44.150. This assessment shall be
proportionately based on the number of claims for each self-insurer
during the past year)).
Sec. 49 RCW 51.14.400 and 2007 c 281 s 12 are each amended to
read as follows:
(1) The ombudsman shall provide the governor with an annual report
that includes the following:
(a) A description of the issues addressed during the past year and
a very brief description of case scenarios in a form that does not
compromise confidentiality;
(b) An accounting of the monitoring activities by the ombudsman;
and
(c) An identification of the deficiencies in the industrial
insurance system ((related to self-insurers)), if any, and
recommendations for remedial action in policy or practice.
(2) The first annual report shall be due on or before October 1,
2008. Subsequent reports shall be due on or before October 1st.
Sec. 50 RCW 51.16.070 and 2008 c 120 s 5 are each amended to read
as follows:
(1)(a) Every employer shall keep at his or her place of business a
record of his or her employment from which the information needed by
the department for the administration of this title may be obtained and
such record shall at all times be open to the inspection of the
director, ((supervisor of industrial insurance, or the traveling
auditors, agents,)) or assistants of the department, as provided in RCW
51.48.040.
(b) An employer who contracts with another person or entity for
work subject to chapter 18.27 or 19.28 RCW shall obtain and preserve a
record of the unified business identifier account number for and the
compensation paid to the person or entity performing the work. Failure
to obtain or maintain the record is subject to RCW 39.06.010 and to a
penalty under RCW 51.48.030.
(2) Information obtained from employing unit records under the
provisions of this title shall be deemed confidential and shall not be
open to public inspection (other than to public employees, the insurer,
and the licensed rating organization in the performance of their
official duties), but any interested party shall be supplied with
information from such records to the extent necessary for the proper
presentation of the case in question: PROVIDED, That any employing
unit may authorize inspection of its records by written consent.
Sec. 51 RCW 51.16.120 and 2004 c 258 s 1 are each amended to read
as follows:
(1) Whenever a worker has a previous bodily disability from any
previous injury or disease, whether known or unknown to the employer,
and shall suffer a further disability from injury or occupational
disease in employment covered by this title and become totally and
permanently disabled from the combined effects thereof or die when
death was substantially accelerated by the combined effects thereof,
then the experience record of an insured employer ((insured with the
state fund)) at the time of ((said)) the further injury or disease
shall be charged and a self-insured employer shall pay directly into
the ((reserve)) second injury fund only the accident cost which would
have resulted solely from ((said)) the further injury or disease, had
there been no preexisting disability, and which accident cost shall be
based upon an evaluation of the disability by medical experts. The
difference between the charge thus assessed to such employer at the
time of ((said)) the further injury or disease and the total cost of
the pension reserve shall be assessed against the second injury fund.
The department shall pass upon the application of this section in all
cases where benefits are paid for total permanent disability or death
and issue an order thereon appealable by the employer or insurer.
Pending outcome of such appeal the transfer or payment shall be made as
required by such order.
(2) ((The department shall,)) In cases of claims of workers
sustaining injuries or occupational diseases in the employ of ((state
fund)) insured employers, ((recompute)) the experience record of such
employers shall be recomputed when the claims of workers injured in
their employ have been found to qualify for payments from the second
injury fund after the regular time for computation of such experience
records and the ((department may)) insurer shall make appropriate
adjustments in such cases including cash refunds or credits to such
employers.
(3) To encourage employment of injured workers who are not
reemployed by the employer at the time of injury, the department may
adopt rules providing for the reduction or elimination of premiums or
assessments from subsequent employers of such workers and may also
adopt rules for the reduction or elimination of charges against such
employers in the event of further injury to such workers in their
employ.
(4) To encourage employment of injured workers who have a
developmental disability as defined in RCW 71A.10.020, the department
may adopt rules providing for the reduction or elimination of premiums
or assessments from employers of such workers and may also adopt rules
for the reduction or elimination of charges against their employers in
the event of further injury to such workers in their employ.
Sec. 52 RCW 51.16.140 and 1989 c 385 s 3 are each amended to read
as follows:
(((1) Every employer who is not a self-insurer shall deduct from
the pay of each of his or her workers one-half of the amount he or she
is required to pay, for medical benefits within each risk
classification. Such amount shall be periodically determined by the
director and reported by him or her to all employers under this title:
PROVIDED, That the state governmental unit shall pay the entire amount
into the medical aid fund for volunteers, as defined in RCW 51.12.035,
and the state apprenticeship council shall pay the entire amount into
the medical aid fund for registered apprentices or trainees, for the
purposes of RCW 51.12.130. The deduction under this section is not
authorized for premiums assessed under RCW 51.16.210.)) It shall be unlawful for the employer, unless specifically
authorized by this title, to deduct or obtain any part of the premium
or other costs required to be by him or her paid from the wages or
earnings of any of his or her workers, and the making of or attempt to
make any such deduction shall be a gross misdemeanor.
(2)
Sec. 53 RCW 51.16.150 and 1986 c 9 s 4 are each amended to read
as follows:
If any employer or insurer shall default in any payment to any fund
administered by the director, the sum due may be collected by action at
law in the name of the state as plaintiff, and such right of action
shall be in addition to any other right of action or remedy. If such
default occurs after demand, the director may require from the
defaulting employer or insurer a bond to the state for the benefit of
any fund, with surety to the director's satisfaction, in the penalty of
double the amount of the estimated payments which will be required from
such employer or insurer into the ((said)) funds for and during the
ensuing one year, together with any penalty or penalties incurred. In
case of refusal or failure after written demand personally served to
furnish such bond, the state shall be entitled to an injunction
restraining the delinquent from prosecuting an occupation or work until
such bond is furnished, and until all delinquent ((premiums)) payments,
penalties, interest and costs are paid, conditioned for the prompt and
punctual making of all payments into ((said)) the funds during such
periods, and any sale, transfer, or lease attempted to be made by such
delinquent during the period of any of the defaults herein mentioned,
of his or her works, plant, or lease thereto, shall be invalid until
all past delinquencies are made good, and such bond furnished.
Sec. 54 RCW 51.16.220 and 2005 c 422 s 1 are each amended to read
as follows:
(1) When a worker of a nongovernment employer is injured or
develops an occupational disease due to an exposure while assisting in
the life and rescue phase of an emergency, in response to a request for
assistance from a state or local government entity, including fire
service or law enforcement, the cost of benefits shall be reimbursed
from the disaster response account, RCW 38.52.105, to the appropriate
((workers' compensation fund, or to the self-insured employer, as the
case may be. The cost of such injuries or occupational diseases shall
not be charged to the experience record of a state fund employer))
insurer. An employer's premium shall not be affected by such a claim.
(2) For the purposes of this section, "life and rescue phase" means
the first seventy-two hours after the occurrence of a natural or man-made disaster in which a state or municipal entity, including fire
service or law enforcement, acknowledges or declares such a disaster
and requests assistance from the private sector in locating and
rescuing survivors. The initial life and rescue phase may be extended
for a finite period of time by declaration of the state or municipal
entity requesting assistance.
Sec. 55 RCW 51.24.030 and 1995 c 199 s 2 are each amended to read
as follows:
(1) If a third person, not in a worker's same employ, is or may
become liable to pay damages on account of a worker's injury for which
benefits and compensation are provided under this title, the injured
worker or beneficiary may elect to seek damages from the third person.
(2) In every action brought under this section, the plaintiff shall
give notice to the ((department or self-insurer)) insurer when the
action is filed. The ((department or self-insurer)) insurer may file
a notice of statutory interest in recovery. When such notice has been
filed by the ((department or self-insurer)) insurer, the parties shall
thereafter serve copies of all notices, motions, pleadings, and other
process on the ((department or self-insurer)) insurer. The
((department or self-insurer)) insurer may then intervene as a party in
the action to protect its statutory interest in recovery.
(3) For the purposes of this chapter, "injury" shall include any
physical or mental condition, disease, ailment or loss, including
death, for which compensation and benefits are paid or payable under
this title.
(4) Damages recoverable by a worker or beneficiary pursuant to the
underinsured motorist coverage of an insurance policy shall be subject
to this chapter only if the owner of the policy is the employer of the
injured worker.
(5) For the purposes of this chapter, "recovery" includes all
damages except loss of consortium.
Sec. 56 RCW 51.24.050 and 1995 c 199 s 3 are each amended to read
as follows:
(1) An election not to proceed against the third person operates as
an assignment of the cause of action to the ((department or self-insurer)) insurer, which may prosecute or compromise the action in its
discretion in the name of the injured worker, beneficiary or legal
representative.
(2) If an injury to a worker results in the worker's death, the
((department or self-insurer)) insurer to which the cause of action has
been assigned may petition a court for the appointment of a special
personal representative for the limited purpose of maintaining an
action under this chapter and chapter 4.20 RCW.
(3) If a beneficiary is a minor child, an election not to proceed
against a third person on such beneficiary's cause of action may be
exercised by the beneficiary's legal custodian or guardian.
(4) Any recovery made by the ((department or self-insurer)) insurer
shall be distributed as follows:
(a) The ((department or self-insurer)) insurer shall be paid the
expenses incurred in making the recovery including reasonable costs of
legal services;
(b) The injured worker or beneficiary shall be paid twenty-five
percent of the balance of the recovery made, which shall not be subject
to subsection (5) of this section: PROVIDED, That in the event of a
compromise and settlement by the parties, the injured worker or
beneficiary may agree to a sum less than twenty-five percent;
(c) The ((department and/)) insurer shall be paid
the compensation and benefits paid to or on behalf of the injured
worker or beneficiary by the ((department and/))
insurer; and
(d) The injured worker or beneficiary shall be paid any remaining
balance.
(5) Thereafter no payment shall be made to or on behalf of a worker
or beneficiary by the ((department and/)) insurer for
such injury until the amount of any further compensation and benefits
shall equal any such remaining balance. Thereafter, such benefits
shall be paid by the ((department and/)) insurer to or
on behalf of the worker or beneficiary as though no recovery had been
made from a third person.
(6) When the cause of action has been assigned to the self-insurer
and compensation and benefits have been paid and/
(a) The prosecution of such cause of action shall also be for the
benefit of the department to the extent of compensation and benefits
paid and payable from state funds;
(b) Any compromise or settlement of such cause of action which
results in less than the entitlement under this title is void unless
made with the written approval of the department;
(c) The department shall be reimbursed for compensation and
benefits paid from state funds;
(d) The department shall bear its proportionate share of the costs
and reasonable attorneys' fees incurred by the self-insurer in
obtaining the award or settlement; and
(e) Any remaining balance under subsection (4)(d) of this section
shall be applied, under subsection (5) of this section, to reduce the
obligations of the ((department and self-insurer)) insurer to pay
further compensation and benefits in proportion to which the
obligations of each bear to the remaining entitlement of the worker or
beneficiary.
Sec. 57 RCW 51.24.060 and 2001 c 146 s 9 are each amended to read
as follows:
(1) If the injured worker or beneficiary elects to seek damages
from the third person, any recovery made shall be distributed as
follows:
(a) The costs and reasonable attorneys' fees shall be paid
proportionately by the injured worker or beneficiary and the
((department and/or self-insurer)) insurer: PROVIDED, That the
((department and/or self-insurer)) insurer may require court approval
of costs and attorneys' fees or may petition a court for determination
of the reasonableness of costs and attorneys' fees;
(b) The injured worker or beneficiary shall be paid twenty-five
percent of the balance of the award: PROVIDED, That in the event of a
compromise and settlement by the parties, the injured worker or
beneficiary may agree to a sum less than twenty-five percent;
(c) The ((department and/or self-insurer)) insurer shall be paid
the balance of the recovery made, but only to the extent necessary to
reimburse the ((department and/or self-insurer)) insurer for benefits
paid;
(i) The ((department and/or self-insurer)) insurer shall bear its
proportionate share of the costs and reasonable attorneys' fees
incurred by the worker or beneficiary to the extent of the benefits
paid under this title: PROVIDED, That the ((department's and/or self-insurer's)) insurer's proportionate share shall not exceed one hundred
percent of the costs and reasonable attorneys' fees;
(ii) The ((department's and/or self-insurer's)) insurer's
proportionate share of the costs and reasonable attorneys' fees shall
be determined by dividing the gross recovery amount into the benefits
paid amount and multiplying this percentage times the costs and
reasonable attorneys' fees incurred by the worker or beneficiary;
(iii) The ((department's and/or self-insurer's)) insurer's
reimbursement share shall be determined by subtracting their
proportionate share of the costs and reasonable attorneys' fees from
the benefits paid amount;
(d) Any remaining balance shall be paid to the injured worker or
beneficiary; and
(e) Thereafter no payment shall be made to or on behalf of a worker
or beneficiary by the ((department and/or self-insurer)) insurer for
such injury until the amount of any further compensation and benefits
shall equal any such remaining balance minus the ((department's and/or
self-insurer's)) insurer's proportionate share of the costs and
reasonable attorneys' fees in regards to the remaining balance. This
proportionate share shall be determined by dividing the gross recovery
amount into the remaining balance amount and multiplying this
percentage times the costs and reasonable attorneys' fees incurred by
the worker or beneficiary. Thereafter, such benefits shall be paid by
the ((department and/or self-insurer)) insurer to or on behalf of the
worker or beneficiary as though no recovery had been made from a third
person.
(2) The recovery made shall be subject to a lien by the
((department and/or self-insurer)) insurer for its share under this
section.
(3) The ((department or self-insurer)) insurer has sole discretion
to compromise the amount of its lien. In deciding whether or to what
extent to compromise its lien, the ((department or self-insurer))
insurer shall consider at least the following:
(a) The likelihood of collection of the award or settlement as may
be affected by insurance coverage, solvency, or other factors relating
to the third person;
(b) Factual and legal issues of liability as between the injured
worker or beneficiary and the third person. Such issues include but
are not limited to possible contributory negligence and novel theories
of liability; and
(c) Problems of proof faced in obtaining the award or settlement.
(4) In an action under this section, the self-insurer may act on
behalf and for the benefit of the department to the extent of any
compensation and benefits paid or payable from state funds.
(5) It shall be the duty of the person to whom any recovery is paid
before distribution under this section to advise the ((department or
self-insurer)) insurer of the fact and amount of such recovery, the
costs and reasonable attorneys' fees associated with the recovery, and
to distribute the recovery in compliance with this section.
(((6) The distribution of any recovery made by award or settlement
of the third party action shall be confirmed by department order,
served by registered or certified mail, and shall be subject to chapter
51.52 RCW. In the event the order of distribution becomes final under
chapter 51.52 RCW, the director or the director's designee may file
with the clerk of any county within the state a warrant in the amount
of the sum representing the unpaid lien plus interest accruing from the
date the order became final. The clerk of the county in which the
warrant is filed shall immediately designate a superior court cause
number for such warrant and the clerk shall cause to be entered in the
judgment docket under the superior court cause number assigned to the
warrant, the name of such worker or beneficiary mentioned in the
warrant, the amount of the unpaid lien plus interest accrued and the
date when the warrant was filed. The amount of such warrant as
docketed shall become a lien upon the title to and interest in all real
and personal property of the injured worker or beneficiary against whom
the warrant is issued, the same as a judgment in a civil case docketed
in the office of such clerk. The sheriff shall then proceed in the
same manner and with like effect as prescribed by law with respect to
execution or other process issued against rights or property upon
judgment in the superior court. Such warrant so docketed shall be
sufficient to support the issuance of writs of garnishment in favor of
the department in the manner provided by law in the case of judgment,
wholly or partially unsatisfied. The clerk of the court shall be
entitled to a filing fee under RCW 36.18.012(10), which shall be added
to the amount of the warrant. A copy of such warrant shall be mailed
to the injured worker or beneficiary within three days of filing with
the clerk.))
(7) The director, or the director's designee, may issue to any
person, firm, corporation, municipal corporation, political subdivision
of the state, public corporation, or agency of the state, a notice and
order to withhold and deliver property of any kind if he or she has
reason to believe that there is in the possession of such person, firm,
corporation, municipal corporation, political subdivision of the state,
public corporation, or agency of the state, property which is due,
owing, or belonging to any worker or beneficiary upon whom a warrant
has been served by the department for payments due to the state fund.
The notice and order to withhold and deliver shall be served by the
sheriff of the county or by the sheriff's deputy; by certified mail,
return receipt requested; or by any authorized representatives of the
director. Any person, firm, corporation, municipal corporation,
political subdivision of the state, public corporation, or agency of
the state upon whom service has been made shall answer the notice
within twenty days exclusive of the day of service, under oath and in
writing, and shall make true answers to the matters inquired of in the
notice and order to withhold and deliver. In the event there is in the
possession of the party named and served with such notice and order,
any property which may be subject to the claim of the department, such
property shall be delivered forthwith to the director or the director's
authorized representative upon demand. If the party served and named
in the notice and order fails to answer the notice and order within the
time prescribed in this section, the court may, after the time to
answer such order has expired, render judgment by default against the
party named in the notice for the full amount claimed by the director
in the notice together with costs. In the event that a notice to
withhold and deliver is served upon an employer and the property found
to be subject thereto is wages, the employer may assert in the answer
to all exemptions provided for by chapter 6.27 RCW to which the wage
earner may be entitled.
Sec. 58 RCW 51.24.070 and 1984 c 218 s 6 are each amended to read
as follows:
(1) The ((department or self-insurer)) insurer may require the
injured worker or beneficiary to exercise the right of election under
this chapter by serving a written demand by registered mail, certified
mail, or personal service on the worker or beneficiary.
(2) Unless an election is made within sixty days of the receipt of
the demand, and unless an action is instituted or settled within the
time granted by the ((department or self-insurer)) insurer, the injured
worker or beneficiary is deemed to have assigned the action to the
((department or self-insurer)) insurer. The ((department or self-insurer)) insurer shall allow the worker or beneficiary at least ninety
days from the election to institute or settle the action. When a
beneficiary is a minor child the demand shall be served upon the legal
custodian or guardian of such beneficiary.
(3) If an action which has been filed is not diligently prosecuted,
the ((department or self-insurer)) insurer may petition the court in
which the action is pending for an order assigning the cause of action
to the ((department or self-insurer)) insurer. Upon a sufficient
showing of a lack of diligent prosecution the court in its discretion
may issue the order.
(4) If the ((department or self-insurer)) insurer has taken an
assignment of the third party cause of action under subsection (2) of
this section, the injured worker or beneficiary may, at the discretion
of the ((department or self-insurer)) insurer, exercise a right of
reelection and assume the cause of action subject to reimbursement of
litigation expenses incurred by the ((department or self-insurer))
insurer.
Sec. 59 RCW 51.24.080 and 1977 ex.s. c 85 s 6 are each amended to
read as follows:
(1) If the injured worker or beneficiary elects to seek damages
from the third person, notice of the election must be given to the
((department or self-insurer)) insurer. The notice shall be by
registered mail, certified mail, or personal service. If an action is
filed by the injured worker or beneficiary, a copy of the complaint
must be sent by registered mail to the ((department or self-insurer))
insurer.
(2) A return showing service of the notice on the ((department or
self-insurer)) insurer shall be filed with the court but shall not be
part of the record except as necessary to give notice to the defendant
of the lien imposed by RCW 51.24.060(2).
Sec. 60 RCW 51.24.090 and 1995 c 199 s 5 are each amended to read
as follows:
(1) Any compromise or settlement of the third party cause of action
by the injured worker or beneficiary which results in less than the
entitlement under this title is void unless made with the written
approval of the ((department or self-insurer)) insurer: PROVIDED, That
for the purposes of this chapter, "entitlement" means benefits and
compensation paid and estimated by the ((department)) insurer to be
paid in the future.
(2) If a compromise or settlement is void because of subsection (1)
of this section, the ((department or self-insurer)) insurer may
petition the court in which the action was filed for an order assigning
the cause of action to the ((department or self-insurer)) insurer. If
an action has not been filed, the ((department or self-insurer))
insurer may proceed as provided in chapter 7.24 RCW.
NEW SECTION. Sec. 61 A new section is added to chapter 51.28 RCW
to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Commissioner" means the office of the insurance commissioner.
(2) "Department" means the appropriate administrative/processing
department of any insurer as defined in section 2 (1) and (2) of this
act.
(3) "Director" means the individual appointed by the insurance
commissioner to supervise the workers' compensation program.
Sec. 62 RCW 51.28.010 and 2007 c 77 s 1 are each amended to read
as follows:
(1) Whenever any accident occurs to any worker it shall be the duty
of such worker or someone in his or her behalf to forthwith report such
accident to his or her employer, superintendent, or supervisor in
charge of the work, and of the employer to at once report such accident
and the injury resulting therefrom to the department pursuant to RCW
51.28.025 where the worker has received treatment from a physician or
a licensed advanced registered nurse practitioner, has been
hospitalized, disabled from work, or has died as the apparent result of
such accident and injury.
(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 physician or a licensed advanced
registered nurse practitioner of the worker's choice under RCW
51.36.010, including chiropractic services under RCW 51.36.015, and
must list the types of providers authorized to provide these services.
(3) Employers shall not engage in claim suppression.
(4) For the purposes of this section, "claim suppression" means
intentionally:
(a) Inducing employees to fail to report injuries;
(b) Inducing employees to treat injuries in the course of
employment as off-the-job injuries; or
(c) Acting otherwise to suppress legitimate industrial insurance
claims.
(5) In determining whether an employer has engaged in claim
suppression, the ((department)) commissioner shall consider the
employer's history of compliance with industrial insurance reporting
requirements, and whether the employer has discouraged employees from
reporting injuries or filing claims. The ((department)) commissioner
has the burden of proving claim suppression by a preponderance of the
evidence.
(6) Claim suppression does not include bona fide workplace safety
and accident prevention programs or an employer's provision at the
worksite of first aid ((as defined by the department)). The
((department)) commissioner shall adopt rules defining bona fide
workplace safety and accident prevention programs and defining first
aid.
Sec. 63 RCW 51.28.020 and 2005 c 108 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-insured
employer, as the case may be, his or her application for such, together
with the certificate of the physician or licensed advanced registered
nurse practitioner who attended him or her. An application form
developed by the department shall include a notice specifying the
worker's right to receive health services from a physician or licensed
advanced registered nurse practitioner of the worker's choice under RCW
51.36.010, including chiropractic services under RCW 51.36.015, and
listing the types of providers authorized to provide these services.
(b) The physician or licensed advanced registered nurse
practitioner who attended the injured worker shall inform the injured
worker of his or her rights under this title and 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 the application required by this section is:
(a) Filed on behalf of the worker by the physician who attended the
worker, the physician may transmit the application to the department
electronically using facsimile mail;
(b) Made to the department and the employer has not received a copy
of the application, the department shall immediately send a copy of the
application to the employer; or
(c) Made to a self-insured employer, the employer shall
((forthwith)) immediately send a copy of the application to the
((department)) commissioner.
Sec. 64 RCW 51.28.025 and 2007 c 77 s 2 are each amended to read
as follows:
(1) Whenever an employer has notice or knowledge of an injury or
occupational disease sustained by any worker in his or her employment
who has received treatment from a physician or a licensed advanced
registered nurse practitioner, has been hospitalized, disabled from
work or has died as the apparent result of such injury or occupational
disease, the employer shall immediately report the same to the
((department)) commissioner on forms prescribed by it. The report
shall include:
(a) The name, address, and business of the employer;
(b) The name, address, and occupation of the worker;
(c) The date, time, cause, and nature of the injury or occupational
disease;
(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, and the
observable effect on the worker's bodily functions, so far as is known;
and
(f) Such other pertinent information as the ((department))
commissioner may prescribe by regulation.
(2) The employer shall not engage in claim suppression. An
employer found to have engaged in claim suppression shall be subject to
a penalty of at least two hundred fifty dollars, not to exceed two
thousand five hundred dollars, for each offense. The penalty shall be
payable to the supplemental pension fund. The ((department))
commissioner shall adopt rules establishing the amount of penalties,
taking into account the size of the employer and whether there are
prior findings of claim suppression. When a determination of claim
suppression has been made((, the employer shall be prohibited from any
current or future participation in a retrospective rating program.
If)) in the case of an employer that is self-insured, the ((director))
commissioner shall withdraw certification as provided in RCW 51.14.080.
(3) When a determination of claim suppression is made and the
penalty is assessed, the ((department)) commissioner shall serve the
employer ((and any affected retrospective rating group)) with a
determination as provided in RCW 51.52.050. The determination may be
protested to the ((department)) commissioner or appealed to the board
of industrial insurance appeals. Once the order is final, the amount
due shall be collected ((in accordance with the provisions of RCW
51.48.140 and 51.48.150)).
(4) The director, or the director's designee, shall investigate
reports or complaints that an employer has engaged in claim suppression
as prohibited in RCW 51.28.010(3). The complaints or allegations must
be received in writing, and must include the name or names of the
individuals or organizations submitting the complaint. In cases where
the ((department)) commissioner can show probable cause, the director
may subpoena records from the employer, medical providers, and any
other entity that the director believes may have relevant information.
The director's investigative and subpoena authority in this subsection
is limited solely to investigations into allegations of claim
suppression or where the director has probable cause that claim
suppression might have occurred.
(5) If the director determines that an employer has engaged in
claim suppression and, as a result, the worker has not filed a claim
for industrial insurance benefits as prescribed by law, then the
director in his or her sole discretion may waive the time limits for
filing a claim provided in RCW 51.28.050, if the complaint or
allegation of claim suppression is received within two years of the
worker's accident or exposure. For the director to exercise this
discretion, the claim must be filed with the ((department))
commissioner within ninety days of the date the determination of claim
suppression is issued.
(6) For the purposes of this section, "claim suppression" has the
same meaning as in RCW 51.28.010(4).
Sec. 65 RCW 51.28.055 and 2004 c 65 s 7 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section for claims
filed for occupational hearing loss, claims for occupational disease or
infection to be valid and compensable must be filed within two years
following the date the worker had written notice from a physician or a
licensed advanced registered nurse practitioner: (a) Of the existence
of his or her occupational disease, and (b) 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 or licensed advanced registered nurse practitioner 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 years
from the date of death of the worker suffering from an occupational
disease.
(2)(a) Except as provided in (b) of this subsection, to be valid
and compensable, claims for hearing loss due to occupational noise
exposure must be filed within two years of the date of the worker's
last injurious exposure to occupational noise in employment covered
under this title or within one year of September 10, 2003, whichever is
later.
(b) A claim for hearing loss due to occupational noise exposure
that is not timely filed under (a) of this subsection can only be
allowed for medical aid benefits under chapter 51.36 RCW.
(((3) The department may adopt rules to implement this section.))
Sec. 66 RCW 51.28.080 and 2005 c 108 s 4 are each amended to read
as follows:
(1) An employer shall be promptly notified by the department when:
(a) The department has received an application for compensation
under this title((. If the employer is a state fund employer, the
department shall instruct the employer to submit a report of accident
form and provide a telephone number for assistance in the reporting
process)); and
(b) It has determined that a worker of that employer is entitled to
compensation under RCW 51.32.090.
(2) Notification shall include, in nontechnical language, an
explanation of the employer's rights under this title.
Sec. 67 RCW 51.28.090 and 1987 1st ex.s. c 5 s 17 are each
amended to read as follows:
The ((director)) department shall notify persons receiving time-loss payments under this chapter of the availability of basic health
care coverage to qualified enrollees under chapter 70.47 RCW, unless
the Washington basic health plan administrator has notified the
((director)) department of closure of enrollment in the plan. The
director shall maintain supplies of Washington basic health plan
enrollment application forms in all field service offices where the
plan is available, which shall be provided in reasonably necessary
quantities by the administrator for the use of persons wishing to apply
for enrollment in the Washington basic health plan.
NEW SECTION. Sec. 68 A new section is added to chapter 51.32 RCW
to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Commissioner" means the office of the insurance commissioner.
(2) "Department" or "supervisor" means the appropriate
administrative/processing department of any insurer as defined in
section 2 (1) and (2) of this act.
(3) "Director" means the individual appointed by the insurance
commissioner to supervise the industrial insurance program.
Sec. 69 RCW 51.32.055 and 2004 c 65 s 8 are each amended to read
as follows:
(1) One purpose of this title is to restore the injured worker as
nearly as possible to the condition of self-support as an able-bodied
worker. Benefits for permanent disability shall be determined ((under
the director's supervision)) by the department, except as otherwise
authorized in subsection (9) of this section, only after the injured
worker's condition becomes fixed.
(2) All determinations of permanent disabilities shall be made by
the department, except as otherwise authorized in subsection (9) of
this section. Either the worker, employer, or self-insurer may make a
request or the inquiry may be initiated by the ((director or, as
authorized in subsection (9) of this section, by the self-insurer on
the director or the self-insurer's own motion)) department.
Determinations shall be required in every instance where permanent
disability is likely to be present. All medical reports and other
pertinent information in the possession of or under the control of the
employer or, if the self-insurer has made a request ((to the
department)), in the possession of or under the control of the self-insurer shall be forwarded to the director with the request.
(3) A request for determination of permanent disability shall be
examined by the department or, if authorized in subsection (9) of this
section, the self-insurer, and the department shall issue an order in
accordance with RCW 51.52.050 or, in the case of a self-insured
employer, the self-insurer may: (a) Enter a written order,
communicated to the worker and the ((department)) commissioner self-insurance section in accordance with subsection (9) of this section, or
(b) request the ((department)) commissioner to issue an order in
accordance with RCW 51.52.050.
(4) The department or, in cases authorized in subsection (9) of
this section, the self-insurer may require that the worker present
himself or herself for a special medical examination by a physician or
physicians selected by the department, and the department or, in cases
authorized in subsection (9) of this section, the self-insurer may
require that the worker present himself or herself for a personal
interview. The costs of the examination or interview, including
payment of any reasonable travel expenses, shall be paid by the
department or self-insurer, as the case may be.
(5) The director may establish a medical bureau within the
department to perform medical examinations ((under this section)).
Physicians hired or retained for this purpose shall be grounded in
industrial medicine and in the assessment of industrial physical
impairment. Self-insurers shall bear a proportionate share of the cost
of the medical bureau in a manner to be determined by the department.
(6) Where a dispute arises from the handling of any claim before
the condition of the injured worker becomes fixed, the worker,
employer, or self-insurer may request the ((department)) commissioner
to resolve the dispute or the director may initiate an inquiry on his
or her own motion. In these cases, the ((department)) commissioner
shall proceed as provided in this section and an order shall issue in
accordance with RCW 51.52.050.
(7)(a) If a claim (i) is accepted by a self-insurer after June 30,
1986, and before August 1, 1997, (ii) involves only medical treatment
and the payment of temporary disability compensation under RCW
51.32.090 or only the payment of temporary disability compensation
under RCW 51.32.090, (iii) at the time medical treatment is concluded
does not involve permanent disability, (iv) is one with respect to
which the ((department)) commissioner has not intervened under
subsection (6) of this section, and (v) the injured worker has returned
to work with the self-insured employer of record, whether at the
worker's previous job or at a job that has comparable wages and
benefits, the claim may be closed by the self-insurer, subject to
reporting of claims to the ((department)) commissioner in a manner
prescribed by ((department)) commissioner rules adopted under chapter
34.05 RCW.
(b) All determinations of permanent disability for claims accepted
under this subsection (7) by self-insurers shall be made by the self-insured section of the ((department)) commissioner under subsections
(1) through (4) of this section.
(c) Upon closure of a claim under (a) of this subsection, the self-insurer shall enter a written order, communicated to the worker and the
((department)) commissioner's self-insurance section, which contains
the following statement clearly set forth in bold face type: "This
order constitutes notification that your claim is being closed with
medical benefits and temporary disability compensation only as
provided, and with the condition you have returned to work with the
self-insured employer. If for any reason you disagree with the
conditions or duration of your return to work or the medical benefits
or the temporary disability compensation that has been provided, you
must protest in writing to the ((department of labor and industries,))
commissioner's self-insurance section, within sixty days of the date
you received this order."
(8)(a) If a claim (i) is accepted by a self-insurer after June 30,
1990, and before August 1, 1997, (ii) involves only medical treatment,
(iii) does not involve payment of temporary disability compensation
under RCW 51.32.090, and (iv) at the time medical treatment is
concluded does not involve permanent disability, the claim may be
closed by the self-insurer, subject to reporting of claims to the
((department)) commissioner in a manner prescribed by department rules
adopted under chapter 34.05 RCW. Upon closure of a claim, the self-insurer shall enter a written order, communicated to the worker, which
contains the following statement clearly set forth in bold-face type:
"This order constitutes notification that your claim is being closed
with medical benefits only, as provided. If for any reason you
disagree with this closure, you must protest in writing to the
((Department of Labor and Industries)) office of the insurance
commissioner, Olympia, within 60 days of the date you received this
order. The ((department)) commissioner will then review your claim and
enter a further determinative order."
(b) All determinations of permanent disability for claims accepted
under this subsection (8) by self-insurers shall be made by the self-insured section of the ((department)) commissioner under subsections
(1) through (4) of this section.
(9)(a) If a claim: (i) Is accepted by a self-insurer after July
31, 1997; (ii)(A) involves only medical treatment, or medical treatment
and the payment of temporary disability compensation under RCW
51.32.090, and a determination of permanent partial disability, if
applicable, has been made by the self-insurer as authorized in this
subsection; or (B) involves only the payment of temporary disability
compensation under RCW 51.32.090 and a determination of permanent
partial disability, if applicable, has been made by the self-insurer as
authorized in this subsection; (iii) is one with respect to which the
((department)) commissioner has not intervened under subsection (6) of
this section; and (iv) concerns an injured worker who has returned to
work with the self-insured employer of record, whether at the worker's
previous job or at a job that has comparable wages and benefits, the
claim may be closed by the self-insurer, subject to reporting of claims
to the ((department)) commissioner in a manner prescribed by
((department)) commissioner rules adopted under chapter 34.05 RCW.
(b) If a physician or licensed advanced registered nurse
practitioner submits a report to the self-insurer that concludes that
the worker's condition is fixed and stable and supports payment of a
permanent partial disability award, and if within fourteen days from
the date the self-insurer mailed the report to the attending or
treating physician or licensed advanced registered nurse practitioner,
the worker's attending or treating physician or licensed advanced
registered nurse practitioner disagrees in writing that the worker's
condition is fixed and stable, the self-insurer must get a supplemental
medical opinion from a provider on the ((department's)) commissioner's
approved examiner's list before closing the claim. In the alternative,
the self-insurer may forward the claim to the ((department))
commissioner, which must review the claim and enter a final order as
provided for in RCW 51.52.050.
(c) Upon closure of a claim under this subsection (9), the self-insurer shall enter a written order, communicated to the worker and the
((department)) commissioner's self-insurance section, which contains
the following statement clearly set forth in bold-face type: "This
order constitutes notification that your claim is being closed with
such medical benefits and temporary disability compensation as provided
to date and with such award for permanent partial disability, if any,
as set forth below, and with the condition that you have returned to
work with the self-insured employer. If for any reason you disagree
with the conditions or duration of your return to work or the medical
benefits, temporary disability compensation provided, or permanent
partial disability that has been awarded, you must protest in writing
to the ((Department of Labor and Industries)) office of the insurance
commissioner, Self-Insurance Section, within sixty days of the date you
received this order. If you do not protest this order to the
department, this order will become final."
(d) All determinations of permanent partial disability for claims
accepted by self-insurers under this subsection (9) may be made by the
self-insurer or the self-insurer may request a determination by the
self-insured section of the ((department)) commissioner. All
determinations shall be made under subsections (1) through (4) of this
section.
(10) If the ((department)) commissioner receives a protest of an
order issued by a self-insurer under subsections (7) through (9) of
this section, the self-insurer's closure order must be held in
abeyance. The ((department)) commissioner shall review the claim
closure action and enter a further determinative order as provided for
in RCW 51.52.050. If no protest is timely filed, the closing order
issued by the self-insurer shall become final and shall have the same
force and effect as a ((department)) commissioner order that has become
final under RCW 51.52.050.
(11) If within two years of claim closure under subsections (7)
through (9) of this section, the ((department)) commissioner determines
that the self-insurer has made payment of benefits because of clerical
error, mistake of identity, or innocent misrepresentation or the
((department)) commissioner discovers a violation of the conditions of
claim closure, the ((department)) commissioner may require the self-insurer to correct the benefits paid or payable. This subsection (11)
does not limit in any way the application of RCW 51.32.240.
(12) For the purposes of this section, "comparable wages and
benefits" means wages and benefits that are at least ninety-five
percent of the wages and benefits received by the worker at the time of
injury.
Sec. 70 RCW 51.32.060 and 2007 c 284 s 2 are each amended to read
as follows:
(1) When the ((supervisor of industrial insurance shall determine))
department determines that permanent total disability results from the
injury, the worker shall receive monthly during the period of such
disability:
(a) If married at the time of injury, sixty-five percent of his or
her wages.
(b) If married with one child at the time of injury, sixty-seven
percent of his or her wages.
(c) If married with two children at the time of injury, sixty-nine
percent of his or her wages.
(d) If married with three children at the time of injury,
seventy-one percent of his or her wages.
(e) If married with four children at the time of injury,
seventy-three percent of his or her wages.
(f) If married with five or more children at the time of injury,
seventy-five percent of his or her wages.
(g) If unmarried at the time of the injury, sixty percent of his or
her wages.
(h) If unmarried with one child at the time of injury, sixty-two
percent of his or her wages.
(i) If unmarried with two children at the time of injury,
sixty-four percent of his or her wages.
(j) If unmarried with three children at the time of injury,
sixty-six percent of his or her wages.
(k) If unmarried with four children at the time of injury,
sixty-eight percent of his or her wages.
(l) If unmarried with five or more children at the time of injury,
seventy percent of his or her wages.
(2) For any period of time where both husband and wife are entitled
to compensation as temporarily or totally disabled workers, only that
spouse having the higher wages of the two shall be entitled to claim
their child or children for compensation purposes.
(3) In case of permanent total disability, if the character of the
injury is such as to render the worker so physically helpless as to
require the hiring of the services of an attendant, the department
shall make monthly payments to such attendant for such services as long
as such requirement continues, but such payments shall not obtain or be
operative while the worker is receiving care under or pursuant to the
provisions of chapter 51.36 RCW and RCW 51.04.105.
(4) Should any further accident result in the permanent total
disability of an injured worker, he or she shall receive the pension to
which he or she would be entitled, notwithstanding the payment of a
lump sum for his or her prior injury.
(5) In no event shall the monthly payments provided in this
section:
(a) Exceed the applicable percentage of the average monthly wage in
the state as computed under the provisions of RCW 51.08.018 as follows:
| AFTER | PERCENTAGE | ||
| June 30, 1993 | 105% | ||
| June 30, 1994 | 110% | ||
| June 30, 1995 | 115% | ||
| June 30, 1996 | 120% |
Sec. 71 RCW 51.32.067 and 2006 c 154 s 1 are each amended to read
as follows:
(1) After a worker elects one of the options in (a), (b), or (c) of
this subsection, that option shall apply only if the worker dies during
a period of permanent total disability from a cause unrelated to the
injury, leaving a surviving spouse, child, children, or other
dependent. If, after making an election under this subsection, a
worker dies from a cause related to the injury during a period of
permanent total disability, his or her beneficiaries shall receive
benefits under RCW 51.32.050 (2) through (5).
(a) Option I. An injured worker selecting this option shall
receive the benefits provided by RCW 51.32.060, with no benefits being
paid to the worker's surviving spouse, children, or others.
(b) Option II. An injured worker selecting this option shall
receive an actuarially reduced benefit which upon death shall be
continued throughout the life of and paid to the surviving spouse,
child, or other dependent as the worker has nominated by written
designation duly executed and filed with the department.
(c) Option III. An injured worker selecting this option shall
receive an actuarially reduced benefit and, upon death, one-half of the
reduced benefit shall be continued throughout the life of and paid to
the surviving spouse, child, or other dependent as the worker has
nominated by written designation duly executed and filed with the
department.
(2) The worker shall make the election in writing and the worker's
spouse, if any, shall consent in writing as a prerequisite to the
election of Option I.
(3) If the worker's nominated beneficiary is the worker's spouse,
and the worker and spouse enter into a dissolution of marriage after
the nomination has been made, the worker may apply to receive benefits
as calculated under Option I. This change is effective the date of the
decree of dissolution of marriage, but no more than one year prior to
the date application for the change is received in the department,
provided the worker submits legally certified documentation of the
decree of dissolution of marriage.
(4) If the worker's nominated beneficiary dies, the worker may
apply to receive benefits as calculated under Option I. This change is
effective the date of death, but no more than one year prior to the
date application for the change is received in the department, provided
the worker submits a certified copy of the death certificate.
(5) The change in benefits authorized by subsections (3) and (4) of
this section is a one-time adjustment and will be permanent for the
life of the worker.
(((6) The department shall adopt such rules as may be necessary to
implement this section.))
Sec. 72 RCW 51.32.072 and 1987 c 185 s 34 are each amended to
read as follows:
Notwithstanding any other provision of law, every surviving spouse
and every permanently totally disabled worker or temporarily totally
disabled worker, if such worker was unmarried at the time of the
worker's injury or was then married but the marriage was later
terminated by judicial action, receiving a pension or compensation for
temporary total disability under this title pursuant to compensation
schedules in effect prior to July 1, 1971, shall after July 1, 1975, be
paid fifty percent of the average monthly wage in the state as computed
under RCW 51.08.018 per month and an amount equal to five percent of
such average monthly wage per month to such totally disabled worker if
married at the time of the worker's injury and the marriage was not
later terminated by judicial action, and an additional two percent of
such average monthly wage for each child of such totally disabled
worker at the time of injury in the legal custody of such totally
disabled worker or such surviving spouse up to a maximum of five such
children. The monthly payments such surviving spouse or totally
disabled worker are receiving pursuant to compensation schedules in
effect prior to July 1, 1971 shall be deducted from the monthly
payments above specified.
Where such a surviving spouse has remarried, or where any such
child of such worker, whether living or deceased, is not in the legal
custody of such worker or such surviving spouse there shall be paid for
the benefit of and on account of each such child a sum equal to two
percent of such average monthly wage up to a maximum of five such
children in addition to any payments theretofore paid under
compensation schedules in effect prior to July 1, 1971 for the benefit
of and on account of each such child. In the case of any child or
children of a deceased worker not leaving a surviving spouse or where
the surviving spouse has later died, there shall be paid for the
benefit of and on account of each such child a sum equal to two percent
of such average monthly wage up to a maximum of five such children in
addition to any payments theretofore paid under such schedules for the
benefit of and on account of each such child.
If the character of the injury or occupational disease is such as
to render the worker so physically helpless as to require the hiring of
the services of an attendant, the department shall make monthly
payments to such attendant for such services as long as such
requirement continues but such payments shall not obtain or be
operative while the worker is receiving care under or pursuant to the
provisions of this title except for care granted at the discretion of
the ((supervisor)) commissioner pursuant to RCW 51.36.010: PROVIDED,
That such payments shall not be considered compensation nor shall they
be subject to any limitation upon total compensation payments.
((No part of such additional payments shall be payable from the
accident fund.))
The ((director)) commissioner shall pay monthly from the
supplemental pension fund such an amount as will, when added to the
compensation theretofore paid under compensation schedules in effect
prior to July 1, 1971, equal the amounts hereinabove specified.
In cases where money has been or shall be advanced to any such
person from the pension reserve, the additional amount to be paid under
this section shall be reduced by the amount of monthly pension which
was or is predicated upon such advanced portion of the pension reserve.
Sec. 73 RCW 51.32.073 and 1989 c 385 s 4 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, each
employer shall retain from the earnings of each worker that amount as
shall be fixed from time to time by the director, the basis for
measuring said amount to be determined by the director. The money so
retained shall be matched in an equal amount by each employer, and all
such moneys shall be remitted to the ((department)) commissioner in
such manner and at such intervals as the ((department)) commissioner
directs and shall be placed in the supplemental pension fund:
PROVIDED, That the state apprenticeship council shall pay the entire
amount into the supplemental pension fund for registered apprentices or
trainees during their participation in supplemental and related
instruction classes. Each insurer shall remit to the commissioner for
the supplemental pension fund an amount to be determined by the
commissioner. The moneys so collected shall be used exclusively for
the additional payments from the supplemental pension fund prescribed
in this title and for the amount of any increase payable under the
provisions of RCW 51.32.075, ((as now or hereafter amended,)) and shall
be no more than necessary to make such payments on a current basis.
The ((department)) commissioner may require a self-insurer to make any
additional payments which are payable from the supplemental pension
fund and thereafter such self-insurer shall be reimbursed therefrom.
(2) None of the amount assessed for the supplemental pension fund
((under RCW 51.16.210)) may be retained from the earnings of workers
((covered under RCW 51.16.210)).
Sec. 74 RCW 51.32.080 and 2007 c 172 s 1 are each amended to read
as follows:
(1)(a) Until July 1, 1993, for the permanent partial disabilities
here specifically described, the injured worker shall receive
compensation as follows:
| LOSS BY AMPUTATION | |
| Of leg above the knee joint with short thigh stump (3" or less below the tuberosity of ischium) . . . . . . . . . . . . | $54,000.00 |
| Of leg at or above knee joint with functional stump . . . . . . . . . . . . | 48,600.00 |
| Of leg below knee joint . . . . . . . . . . . . | 43,200.00 |
| Of leg at ankle (Syme) . . . . . . . . . . . . | 37,800.00 |
| Of foot at mid-metatarsals . . . . . . . . . . . . | 18,900.00 |
| Of great toe with resection of metatarsal bone . . . . . . . . . . . . | 11,340.00 |
| Of great toe at metatarsophalangeal joint . . . . . . . . . . . . | 6,804.00 |
| Of great toe at interphalangeal joint . . . . . . . . . . . . | 3,600.00 |
| Of lesser toe (2nd to 5th) with resection of metatarsal bone . . . . . . . . . . . . | 4,140.00 |
| Of lesser toe at metatarsophalangeal joint . . . . . . . . . . . . | 2,016.00 |
| Of lesser toe at proximal interphalangeal joint . . . . . . . . . . . . | 1,494.00 |
| Of lesser toe at distal interphalangeal joint . . . . . . . . . . . . | 378.00 |
| Of arm at or above the deltoid insertion or by disarticulation at the shoulder . . . . . . . . . . . . | 54,000.00 |
| Of arm at any point from below the deltoid insertion to below the elbow joint at the insertion of the biceps tendon . . . . . . . . . . . . | 51,300.00 |
| Of arm at any point from below the elbow joint distal to the insertion of the biceps tendon to and including mid-metacarpal amputation of the hand . . . . . . . . . . . . | 48,600.00 |
| Of all fingers except the thumb at metacarpophalangeal joints . . . . . . . . . . . . | 29,160.00 |
| Of thumb at metacarpophalangeal joint or with resection of carpometacarpal bone . . . . . . . . . . . . | 19,440.00 |
| Of thumb at interphalangeal joint . . . . . . . . . . . . | 9,720.00 |
| Of index finger at metacarpophalangeal joint or with resection of metacarpal bone . . . . . . . . . . . . | 12,150.00 |
| Of index finger at proximal interphalangeal joint . . . . . . . . . . . . | 9,720.00 |
| Of index finger at distal interphalangeal joint . . . . . . . . . . . . | 5,346.00 |
| Of middle finger at metacarpophalangeal joint or with resection of metacarpal bone . . . . . . . . . . . . | 9,720.00 |
| Of middle finger at proximal interphalangeal joint . . . . . . . . . . . . | 7,776.00 |
| Of middle finger at distal interphalangeal joint . . . . . . . . . . . . | 4,374.00 |
| Of ring finger at metacarpophalangeal joint or with resection of metacarpal bone . . . . . . . . . . . . | 4,860.00 |
| Of ring finger at proximal interphalangeal joint . . . . . . . . . . . . | 3,888.00 |
| Of ring finger at distal interphalangeal joint . . . . . . . . . . . . | 2,430.00 |
| Of little finger at metacarpophalangeal joint or with resection of metacarpal bone . . . . . . . . . . . . | 2,430.00 |
| Of little finger at proximal interphalangeal joint . . . . . . . . . . . . | 1,944.00 |
| Of little finger at distal interphalangeal joint . . . . . . . . . . . . | 972.00 |
MISCELLANEOUS | |
| 21,600.00 | |
| 18,000.00 | |
| 43,200.00 | |
| 7,200.00 | |
Sec. 75 RCW 51.32.098 and 1985 c 339 s 4 are each amended to read
as follows:
Nothing in RCW 51.32.095 or in the repeal of chapter 51.41 RCW by
section 5, chapter 339, Laws of 1985 shall be construed as prohibiting
the completion of vocational rehabilitation plans approved under this
title prior to May 16, 1985. Injured workers referred for vocational
rehabilitation services under this title, but for whom vocational
rehabilitation plans have not been approved ((by the department)) under
this title before May 16, 1985, may only be provided vocational
rehabilitation services, if applicable, ((by the department)) according
to the provisions of RCW 51.32.095.
Sec. 76 RCW 51.32.110 and 1997 c 325 s 3 are each amended to read
as follows:
(1) Any worker entitled to receive any benefits or claiming such
under this title shall, if requested by the department or self-insurer,
submit himself or herself for medical examination, at a time and from
time to time, at a place reasonably convenient for the worker and as
may be provided by the rules of the department. An injured worker,
whether an alien or other injured worker, who is not residing in the
United States at the time that a medical examination is requested may
be required to submit to an examination at any location in the United
States determined by the department or self-insurer.
(2) If the worker refuses to submit to medical examination, or
obstructs the same, or, if any injured worker shall persist in
unsanitary or injurious practices which tend to imperil or retard his
or her recovery, or shall refuse to submit to such medical or surgical
treatment as is reasonably essential to his or her recovery or refuse
or obstruct evaluation or examination for the purpose of vocational
rehabilitation or does not cooperate in reasonable efforts at such
rehabilitation, the department or the self-insurer upon approval by the
((department)) commissioner, with notice to the worker may suspend any
further action on any claim of such worker so long as such refusal,
obstruction, noncooperation, or practice continues and reduce, suspend,
or deny any compensation for such period: PROVIDED, That the
department or the self-insurer shall not suspend any further action on
any claim of a worker or reduce, suspend, or deny any compensation if
a worker has good cause for refusing to submit to or to obstruct any
examination, evaluation, treatment or practice requested by the
department or required under this section.
(3) If the worker necessarily incurs traveling expenses in
attending the examination pursuant to the request of the department,
such traveling expenses shall be repaid to him or her ((out of the
accident fund)) upon proper voucher and audit or shall be repaid by the
self-insurer, as the case may be.
(4)(a) If the medical examination required by this section causes
the worker to be absent from his or her work without pay((:)), the worker
shall be paid compensation ((
(i) In the case of a worker insured by the departmentout of the accident fund)) in an amount
equal to his or her usual wages for the time lost from work while
attending the medical examination((; or)).
(ii) In the case of a worker of a self-insurer, the self-insurer
shall pay the worker an amount equal to his or her usual wages for the
time lost from work while attending the medical examination.
(b) This subsection (4) shall apply prospectively to all claims
regardless of the date of injury
(b) This subsection (4) applies to all claims regardless of the
date of injury.
Sec. 77 RCW 51.32.112 and 1993 c 515 s 4 are each amended to read
as follows:
(1) The ((department)) commissioner shall develop standards for the
conduct of special medical examinations to determine permanent
disabilities, including, but not limited to:
(a) The qualifications of persons conducting the examinations;
(b) The criteria for conducting the examinations, including
guidelines for the appropriate treatment of injured workers during the
examination; and
(c) The content of examination reports.
(2) Within the appropriate scope of practice, chiropractors
licensed under chapter 18.25 RCW may conduct special medical
examinations to determine permanent disabilities in consultation with
physicians licensed under chapter 18.57 or 18.71 RCW. The department,
in its discretion, may request that a special medical examination be
conducted by a single chiropractor if the department determines that
the sole issues involved in the examination are within the scope of
practice under chapter 18.25 RCW. However, nothing in this section
authorizes the use as evidence before the board of a chiropractor's
determination of the extent of a worker's permanent disability if the
determination is not requested by the department.
(3) The ((department)) commissioner shall investigate the amount of
examination fees received by persons conducting special medical
examinations to determine permanent disabilities, including total
compensation received for examinations of department and self-insured
claimants, and establish compensation guidelines and compensation
reporting criteria.
(4) The ((department)) commissioner shall investigate the level of
compliance of self-insurers with the requirement of full reporting of
claims information to the department, particularly with respect to
medical examinations, and develop effective enforcement procedures or
recommendations for legislation if needed.
Sec. 78 RCW 51.32.114 and 1988 c 114 s 3 are each amended to read
as follows:
The ((department)) commissioner shall examine the credentials of
persons conducting special medical examinations and shall monitor the
quality and objectivity of examinations and reports for the department
and self-insured claimants. The ((department)) commissioner shall
adopt rules to ensure that examinations are performed only by qualified
persons ((meeting department standards)).
Sec. 79 RCW 51.32.135 and 1977 ex.s. c 350 s 52 are each amended
to read as follows:
In pension cases when a worker or beneficiary closes his or her
claim by full conversion to a lump sum or in any other manner as
provided in RCW 51.32.130 and 51.32.150, such action shall be
conclusive and effective to bar any subsequent application or claim
relative thereto by the worker or any beneficiary which would otherwise
exist had such person not elected to close the claim: PROVIDED, The
((director)) department may require the spouse of such worker to
consent in writing as a prerequisite to conversion and/or the closing
of such claim.
Sec. 80 RCW 51.32.160 and 1995 c 253 s 2 are each amended to read
as follows:
(1)(a) If aggravation, diminution, or termination of disability
takes place, the ((director)) department may, upon the application of
the beneficiary, made within seven years from the date the first
closing order becomes final, or at any time upon his or her own motion,
readjust the rate of compensation in accordance with the rules in this
section provided for the same, or in a proper case terminate the
payment: PROVIDED, That the ((director)) department may, upon
application of the worker made at any time, provide proper and
necessary medical and surgical services as authorized under RCW
51.36.010. The department shall promptly mail a copy of the
application to the employer at the employer's last known address as
shown by the records of the department.
(b) "Closing order" as used in this section means an order based on
factors which include medical recommendation, advice, or examination.
(c) Applications for benefits where the claim has been closed
without medical recommendation, advice, or examination are not subject
to the seven year limitation of this section. The preceding sentence
shall not apply to any closing order issued prior to July 1, 1981.
First closing orders issued between July 1, 1981, and July 1, 1985,
shall, for the purposes of this section only, be deemed issued on July
1, 1985. The time limitation of this section shall be ten years in
claims involving loss of vision or function of the eyes.
(d) If an order denying an application to reopen filed on or after
July 1, 1988, is not issued within ninety days of receipt of such
application by the self-insured employer or the department, such
application shall be deemed granted. However, for good cause, the
department may extend the time for making the final determination on
the application for an additional sixty days.
(2) If a worker receiving a pension for total disability returns to
gainful employment for wages, the ((director)) department may suspend
or terminate the rate of compensation established for the disability
without producing medical evidence that shows that a diminution of the
disability has occurred.
(3) No act done or ordered to be done by the director, or the
department prior to the signing and filing in the matter of a written
order for such readjustment shall be grounds for such readjustment.
Sec. 81 RCW 51.32.185 and 2007 c 490 s 2 are each amended to read
as follows:
(1) In the case of firefighters as defined in RCW 41.26.030(((4)))
(16) (a), (b), and (c) who are covered under Title 51 RCW and
firefighters, including supervisors, employed on a full-time, fully
compensated basis as a firefighter of a private sector employer's fire
department that includes over fifty such firefighters, there shall
exist a prima facie presumption that: (a) Respiratory disease; (b) any
heart problems, experienced within seventy-two hours of exposure to
smoke, fumes, or toxic substances, or experienced within twenty-four
hours of strenuous physical exertion due to firefighting activities;
(c) cancer; and (d) infectious diseases are occupational diseases under
RCW 51.08.140. This presumption of occupational disease may be
rebutted by a preponderance of the evidence. Such evidence may
include, but is not limited to, use of tobacco products, physical
fitness and weight, lifestyle, hereditary factors, and exposure from
other employment or nonemployment activities.
(2) The presumptions established in subsection (1) of this section
shall be extended to an applicable member following termination of
service for a period of three calendar months for each year of
requisite service, but may not extend more than sixty months following
the last date of employment.
(3) The presumption established in subsection (1)(c) of this
section shall only apply to any active or former firefighter who has
cancer that develops or manifests itself after the firefighter has
served at least ten years and who was given a qualifying medical
examination upon becoming a firefighter that showed no evidence of
cancer. The presumption within subsection (1)(c) of this section shall
only apply to prostate cancer diagnosed prior to the age of fifty,
primary brain cancer, malignant melanoma, leukemia, non-Hodgkin's
lymphoma, bladder cancer, ureter cancer, colorectal cancer, multiple
myeloma, testicular cancer, and kidney cancer.
(4) The presumption established in subsection (1)(d) of this
section shall be extended to any firefighter who has contracted any of
the following infectious diseases: Human immunodeficiency
virus/acquired immunodeficiency syndrome, all strains of hepatitis,
meningococcal meningitis, or mycobacterium tuberculosis.
(5) Beginning July 1, 2003, this section does not apply to a
firefighter who develops a heart or lung condition and who is a regular
user of tobacco products or who has a history of tobacco use. The
((department)) commissioner, using existing medical research, shall
define in rule the extent of tobacco use that shall exclude a
firefighter from the provisions of this section.
(6) For purposes of this section, "firefighting activities" means
fire suppression, fire prevention, emergency medical services, rescue
operations, hazardous materials response, aircraft rescue, and training
and other assigned duties related to emergency response.
(7)(a) When a determination involving the presumption established
in this section is appealed to the board of industrial insurance
appeals and the final decision allows the claim for benefits, the board
of industrial insurance appeals shall order that all reasonable costs
of the appeal, including attorney fees and witness fees, be paid to the
firefighter or his or her beneficiary by the opposing party.
(b) When a determination involving the presumption established in
this section is appealed to any court and the final decision allows the
claim for benefits, the court shall order that all reasonable costs of
the appeal, including attorney fees and witness fees, be paid to the
firefighter or his or her beneficiary by the opposing party.
(((c) When reasonable costs of the appeal must be paid by the
department under this section in a state fund case, the costs shall be
paid from the accident fund and charged to the costs of the claim.))
Sec. 82 RCW 51.32.190 and 1996 c 58 s 2 are each amended to read
as follows:
(1) If the self-insurer denies a claim for compensation, written
notice of such denial, clearly informing the claimant of the reasons
therefor and that the director will rule on the matter shall be mailed
or given to the claimant and the director within thirty days after the
self-insurer has notice of the claim.
(2) Until such time as the ((department)) commissioner has entered
an order in a disputed case acceptance of compensation by the claimant
shall not be considered a binding determination of his or her rights
under this title. Likewise the payment of compensation shall not be
considered a binding determination of the obligations of the self-insurer as to future compensation payments.
(3) Upon making the first payment of income benefits, the self-insurer shall immediately notify the director in accordance with a form
to be prescribed by the director. Upon request of the ((department on
a form prescribed by the department)) commissioner, the self-insurer
shall submit a record of the payment of income benefits including
initial, termination or terminations, and change or changes to the
benefits. Where temporary disability compensation is payable, the
first payment thereof shall be made within fourteen days after notice
of claim and shall continue at regular semimonthly or biweekly
intervals.
(4) If, after the payment of compensation without an award, the
self-insurer elects to controvert the right to compensation, the
payment of compensation shall not be considered a binding determination
of the obligations of the self-insurer as to future compensation
payments. The acceptance of compensation by the worker or his or her
beneficiaries shall not be considered a binding determination of their
rights under this title.
(5) The director: (a) May, upon his or her own initiative at any
time in a case in which payments are being made without an award; and
(b) shall, upon receipt of information from any person claiming to be
entitled to compensation, from the self-insurer, or otherwise that the
right to compensation is controverted, or that payment of compensation
has been opposed, stopped or changed, whether or not claim has been
filed, promptly make such inquiry as circumstances require, cause such
medical examinations to be made, hold such hearings, require the
submission of further information, make such orders, decisions or
awards, and take such further action as he or she considers will
properly determine the matter and protect the rights of all parties.
(6) The director, upon his or her own initiative, may make such
inquiry as circumstances require or is necessary to protect the rights
of all the parties and he or she may enact rules and regulations
providing for procedures to ensure fair and prompt handling by
self-insurers of the claims of workers and beneficiaries.
Sec. 83 RCW 51.32.195 and 1987 c 290 s 1 are each amended to read
as follows:
On any industrial injury claim where the self-insured employer or
injured worker has requested a determination by the ((department))
commissioner, the self-insurer must submit all medical reports and any
other specified information not previously submitted to the
((department)) commissioner. When the ((department)) commissioner
requests information from a self-insurer by certified mail, the self-insurer shall submit all information in its possession concerning a
claim within ten working days from the date of receipt of such
certified notice.
Sec. 84 RCW 51.32.210 and 1977 ex.s. c 350 s 55 are each amended
to read as follows:
Claims of injured workers of employers who have secured the payment
of compensation ((by insuring with the department)) shall be promptly
acted upon by the department. Where temporary disability compensation
is payable, the first payment thereof shall be mailed within fourteen
days after receipt of the claim ((at the department's offices in
Olympia)) and shall continue at regular semimonthly intervals. The
payment of this or any other benefits under this title, prior to the
entry of an order ((by the department)) in accordance with RCW
51.52.050 ((as now or hereafter amended)), shall be not considered a
binding determination of the obligations of the department under this
title. The acceptance of compensation by the worker or his or her
beneficiaries prior to such order shall likewise not be considered a
binding determination of their rights under this title.
Sec. 85 RCW 51.32.215 and 1995 c 276 s 1 are each amended to read
as follows:
(1)(a) If the worker or beneficiary ((in a state fund claim))
prevails in an appeal by any party to the board or the court, the
department shall comply with the board or court's order with respect to
the payment of compensation within the later of the following time
periods:
(i) Sixty days after the compensation order has become final and is
not subject to review or appeal; or
(ii) If the order has become final and is not subject to review or
appeal and the department has, within the period specified in (a)(i) of
this subsection, requested the filing by the worker or beneficiary of
documents necessary to make payment of compensation, sixty days after
all requested documents are filed with the department.
The ((department)) commissioner may extend the sixty-day time
period for an additional thirty days for good cause.
(b) If the department fails to comply with (a) of this subsection,
any person entitled to compensation under the order may institute
proceedings for injunctive or other appropriate relief for enforcement
of the order. These proceedings may be instituted in the superior
court for the county in which the claimant resides, or, if the claimant
is not then a resident of this state, in the superior court for
Thurston county.
(2) In a proceeding under this section, the court shall enforce
obedience to the order by proper means, enjoining compliance upon the
person obligated to comply with the compensation order. The court may
issue such writs and processes as are necessary to carry out its orders
and may award a penalty of up to one thousand dollars to the person
entitled to compensation under the order.
(3) A proceeding under this section does not preclude other methods
of enforcement provided for in this title.
Sec. 86 RCW 51.32.240 and 2008 c 280 s 2 are each amended to read
as follows:
(1)(a) Whenever any payment of benefits under this title is made
because of clerical error, mistake of identity, innocent
misrepresentation by or on behalf of the recipient thereof mistakenly
acted upon, or any other circumstance of a similar nature, all not
induced by willful misrepresentation, the recipient thereof shall repay
it and recoupment may be made from any future payments due to the
recipient on any claim ((with the state fund or self-insurer, as the
case may be)). The department or self-insurer, as the case may be,
must make claim for such repayment or recoupment within one year of the
making of any such payment or it will be deemed any claim therefor has
been waived.
(b) Except as provided in subsections (3), (4), and (5) of this
section, the department may only assess an overpayment of benefits
because of adjudicator error when the order upon which the overpayment
is based is not yet final as provided in RCW 51.52.050 and 51.52.060.
"Adjudicator error" includes the failure to consider information in the
claim file, failure to secure adequate information, or an error in
judgment.
(c) The director, pursuant to rules adopted in accordance with the
procedures provided in the administrative procedure act, chapter 34.05
RCW, may exercise his or her discretion to waive, in whole or in part,
the amount of any such timely claim where the recovery would be against
equity and good conscience.
(2) Whenever the department or self-insurer fails to pay benefits
because of clerical error, mistake of identity, or innocent
misrepresentation, all not induced by recipient willful
misrepresentation, the recipient may request an adjustment of benefits
to be paid ((from the state fund or by the self-insurer, as the case
may be)), subject to the following:
(a) The recipient must request an adjustment in benefits within one
year from the date of the incorrect payment or it will be deemed any
claim therefore has been waived.
(b) The recipient may not seek an adjustment of benefits because of
adjudicator error. Adjustments due to adjudicator error are addressed
by the filing of a written request for reconsideration with the
department ((of labor and industries)) or an appeal with the board of
industrial insurance appeals within sixty days from the date the order
is communicated as provided in RCW 51.52.050. "Adjudicator error"
includes the failure to consider information in the claim file, failure
to secure adequate information, or an error in judgment.
(3) Whenever the department issues an order rejecting a claim for
benefits paid pursuant to RCW 51.32.190 or 51.32.210, after payment for
temporary disability benefits has been paid by a self-insurer pursuant
to RCW 51.32.190(3) or by the department pursuant to RCW 51.32.210, the
recipient thereof shall repay such benefits and recoupment may be made
from any future payments due to the recipient on any claim ((with the
state fund or self-insurer, as the case may be)). The director, under
rules adopted in accordance with the procedures provided in the
administrative procedure act, chapter 34.05 RCW, may exercise
discretion to waive, in whole or in part, the amount of any such
payments where the recovery would be against equity and good
conscience.
(4) Whenever any payment of benefits under this title has been made
pursuant to an adjudication by the department or by order of the board
or any court and timely appeal therefrom has been made where the final
decision is that any such payment was made pursuant to an erroneous
adjudication, the recipient thereof shall repay it and recoupment may
be made from any future payments due to the recipient on any claim
((whether state fund or self-insured)).
(a) The director, pursuant to rules adopted in accordance with the
procedures provided in the administrative procedure act, chapter 34.05
RCW, may exercise discretion to waive, in whole or in part, the amount
of any such payments where the recovery would be against equity and
good conscience. However, if the director waives in whole or in part
any such payments due a self-insurer, the self-insurer shall be
reimbursed the amount waived from the self-insured employer overpayment
reimbursement fund.
(b) ((The department shall collect information regarding self-insured claim overpayments resulting from final decisions of the board
and the courts, and recoup such overpayments on behalf of the self-insurer from any open, new, or reopened state fund or self-insured
claims. The department shall forward the amounts collected to the
self-insurer to whom the payment is owed. The department may provide
information as needed to any self-insurers from whom payments may be
collected on behalf of the department or another self-insurer.
Notwithstanding RCW 51.32.040, any self-insurer requested by the
department to forward payments to the department pursuant to this
subsection shall pay the department directly. The department shall
credit the amounts recovered to the appropriate fund, or forward
amounts collected to the appropriate self-insurer, as the case may be.)) If a self-insurer is not fully reimbursed within twenty-four
months of the first attempt at recovery through the collection process
pursuant to this subsection and by means of processes pursuant to
subsection (6) of this section, the self-insurer shall be reimbursed
for the remainder of the amount due from the self-insured employer
overpayment reimbursement fund.
(c)
(((d))) (c) For purposes of this subsection, "recipient" does not
include health service providers whose treatment or services were
authorized by the department or self-insurer.
(((e))) (d) The department or self-insurer shall first attempt
recovery of overpayments for health services from any entity that
provided health insurance to the worker to the extent that the health
insurance entity would have provided health insurance benefits but for
workers' compensation coverage.
(5)(a) Whenever any payment of benefits under this title has been
induced by willful misrepresentation the recipient thereof shall repay
any such payment together with a penalty of fifty percent of the total
of any such payments and the amount of such total sum may be recouped
from any future payments due to the recipient on any claim ((with the
state fund or self-insurer)) against whom the willful misrepresentation
was committed, as the case may be, and the amount of such penalty shall
be placed in the supplemental pension fund. Such repayment or
recoupment must be demanded or ordered within three years of the
discovery of the willful misrepresentation.
(b) For purposes of this subsection (5), it is willful
misrepresentation for a person to obtain payments or other benefits
under this title in an amount greater than that to which the person
otherwise would be entitled. Willful misrepresentation includes:
(i) Willful false statement; or
(ii) Willful misrepresentation, omission, or concealment of any
material fact.
(c) For purposes of this subsection (5), "willful" means a
conscious or deliberate false statement, misrepresentation, omission,
or concealment of a material fact with the specific intent of
obtaining, continuing, or increasing benefits under this title.
(d) For purposes of this subsection (5), failure to disclose a
work-type activity must be willful in order for a misrepresentation to
have occurred.
(e) For purposes of this subsection (5), a material fact is one
which would result in additional, increased, or continued benefits,
including but not limited to facts about physical restrictions, or
work-type activities which either result in wages or income or would be
reasonably expected to do so. Wages or income include the receipt of
any goods or services. For a work-type activity to be reasonably
expected to result in wages or income, a pattern of repeated activity
must exist. For those activities that would reasonably be expected to
result in wages or produce income, but for which actual wage or income
information cannot be reasonably determined, the ((department))
commissioner shall impute wages pursuant to RCW 51.08.178(4).
(6) The worker, beneficiary, or other person affected thereby shall
have the right to contest an order assessing an overpayment pursuant to
this section in the same manner and to the same extent as provided
under RCW 51.52.050 and 51.52.060. In the event such an order becomes
final under chapter 51.52 RCW and notwithstanding the provisions of
subsections (1) through (5) of this section, the ((director, director's
designee,)) department or self-insurer may file with the clerk in any
county within the state a warrant in the amount of the sum representing
the unpaid overpayment and/or penalty plus interest accruing from the
date the order became final. The clerk of the county in which the
warrant is filed shall immediately designate a superior court cause
number for such warrant and the clerk shall cause to be entered in the
judgment docket under the superior court cause number assigned to the
warrant, the name of the worker, beneficiary, or other person mentioned
in the warrant, the amount of the unpaid overpayment and/or penalty
plus interest accrued, and the date the warrant was filed. The amount
of the warrant as docketed shall become a lien upon the title to and
interest in all real and personal property of the worker, beneficiary,
or other person against whom the warrant is issued, the same as a
judgment in a civil case docketed in the office of such clerk. The
sheriff shall then proceed in the same manner and with like effect as
prescribed by law with respect to execution or other process issued
against rights or property upon judgment in the superior court. Such
warrant so docketed shall be sufficient to support the issuance of
writs of garnishment in favor of the department or self-insurer in the
manner provided by law in the case of judgment, wholly or partially
unsatisfied. The clerk of the court shall be entitled to a filing fee
under RCW 36.18.012(10), which shall be added to the amount of the
warrant. A copy of such warrant shall be mailed to the worker,
beneficiary, or other person within three days of filing with the
clerk.
The director, ((director's designee)) department, or self-insurer
may issue to any person, firm, corporation, municipal corporation,
political subdivision of the state, public corporation, or agency of
the state, a notice to withhold and deliver property of any kind if
there is reason to believe that there is in the possession of such
person, firm, corporation, municipal corporation, political subdivision
of the state, public corporation, or agency of the state, property that
is due, owing, or belonging to any worker, beneficiary, or other person
upon whom a warrant has been served for payments due the department or
self-insurer. The notice and order to withhold and deliver shall be
served by certified mail accompanied by an affidavit of service by
mailing or served by the sheriff of the county, or by the sheriff's
deputy, or by any authorized representative of the director,
((director's designee)) department, or self-insurer. Any person, firm,
corporation, municipal corporation, political subdivision of the state,
public corporation, or agency of the state upon whom service has been
made shall answer the notice within twenty days exclusive of the day of
service, under oath and in writing, and shall make true answers to the
matters inquired or in the notice and order to withhold and deliver.
In the event there is in the possession of the party named and served
with such notice and order, any property that may be subject to the
claim of the department or self-insurer, such property shall be
delivered ((forthwith)) immediately to the director, the director's
authorized representative, or self-insurer upon demand. If the party
served and named in the notice and order fails to answer the notice and
order within the time prescribed in this section, the court may, after
the time to answer such order has expired, render judgment by default
against the party named in the notice for the full amount, plus costs,
claimed by the director, ((director's designee)) department, or self-insurer in the notice. In the event that a notice to withhold and
deliver is served upon an employer and the property found to be subject
thereto is wages, the employer may assert in the answer all exemptions
provided for by chapter 6.27 RCW to which the wage earner may be
entitled.
This subsection shall only apply to orders assessing an overpayment
which are issued on or after July 28, 1991: PROVIDED, That this
subsection shall apply retroactively to all orders assessing an
overpayment resulting from fraud, civil or criminal.
(7) Orders assessing an overpayment which are issued on or after
July 28, 1991, shall include a conspicuous notice of the collection
methods available to the department or self-insurer.
Sec. 87 RCW 51.32.242 and 2008 c 280 s 3 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, each
self-insured employer shall retain from the earnings of each of its
workers that amount as shall be fixed from time to time by the
director, the basis for measuring said amount to be determined by the
director. These moneys shall only be retained from employees and
remitted to the ((department)) commissioner in such manner and at such
intervals as ((the department directs)) directed and shall be placed in
the self-insured employer overpayment reimbursement fund. The moneys
so collected shall be used exclusively for reimbursement to the reserve
fund and to self-insured employers for benefits overpaid during the
pendency of board or court appeals in which the self-insured employer
prevails and has not recovered, and shall be no more than necessary to
make such payments on a current basis.
(2) None of the amount assessed for the employer overpayment
reimbursement fund under this section may be retained from the earnings
of workers covered under RCW 51.16.210.
Sec. 88 RCW 51.32.380 and 2003 c 379 s 26 are each amended to
read as follows:
If the department ((of labor and industries)) has received notice
that an injured worker entitled to benefits payable under this chapter
is in the custody of the department of corrections pursuant to a
conviction and sentence, the department shall send all such benefits to
the worker in care of the department of corrections, except those
benefits payable to a beneficiary as provided in RCW 51.32.040 (3)(c)
and (4). Failure of the department to send such benefits to the
department of corrections shall not result in liability to any party
for either department.
Sec. 89 RCW 51.36.010 and 2007 c 134 s 1 are each amended to read
as follows:
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 licensed advanced registered nurse practitioner of
his or her own choice, if conveniently located, and proper and
necessary hospital care and services during the period of his or her
disability from such injury. The ((department for state fund claims))
insurer shall pay((, in accordance with the department's fee
schedule,)) for any alleged injury for which a worker files a claim,
any initial prescription drugs provided in relation to that initial
visit, without regard to whether the worker's claim for benefits is
allowed. In all accepted claims, treatment 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,)) insurer 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)) director issued in advance of the continuation shall be
necessary.
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.
Sec. 90 RCW 51.36.015 and 1994 c 94 s 1 are each amended to read
as follows:
Subject to the other provisions of this title, the health services
that are available to an injured worker under RCW 51.36.010 include
chiropractic care and evaluation. For the purposes of assisting the
((department)) insurer in making claims determinations, an injured
worker may be required by the ((department)) insurer to undergo
examination by a chiropractor licensed under chapter 18.25 RCW.
Sec. 91 RCW 51.36.020 and 2008 c 54 s 1 are each amended to read
as follows:
(1) When the injury to any worker is so serious as to require his
or her being taken from the place of injury to a place of treatment,
his or her employer shall, at the expense of the ((medical aid fund, or
self-insurer, as the case may be)) insurer, furnish transportation to
the nearest place of proper treatment.
(2) Every worker whose injury results in the loss of one or more
limbs or eyes shall be provided with proper artificial substitutes and
every worker, who suffers an injury to an eye producing an error of
refraction, shall be once provided proper and properly equipped lenses
to correct such error of refraction and his or her disability rating
shall be based upon the loss of sight before correction.
(3) Every worker whose accident results in damage to or destruction
of an artificial limb, eye, or tooth, shall have same repaired or
replaced.
(4) Every worker whose hearing aid or eyeglasses or lenses are
damaged, destroyed, or lost as a result of an industrial accident shall
have the same restored or replaced. The ((department or self-))insurer
shall be liable only for the cost of restoring damaged hearing aids or
eyeglasses to their condition at the time of the accident.
(5)(a) All mechanical appliances necessary in the treatment of an
injured worker, such as braces, belts, casts, and crutches, shall be
provided and all mechanical appliances required as permanent equipment
after treatment has been completed shall continue to be provided or
replaced without regard to the date of injury or date treatment was
completed, notwithstanding any other provision of law.
(b) Injured workers shall be reimbursed for reasonable travel
expenses when travel is required in order to repair, replace, or
otherwise alter prosthetics, orthotics, or similar permanent mechanical
appliances after closure of the claim. This subsection (5)(b) does not
include travel for the repair or replacement of hearing aid devices.
(6) A worker, whose injury is of such short duration as to bring
him or her within the time limit provisions of RCW 51.32.090, shall
nevertheless receive during the omitted period medical, surgical, and
hospital care and service and transportation under the provisions of
this chapter.
(7) Whenever ((in the sole discretion of the supervisor)) it is
reasonable and necessary to provide residence modifications necessary
to meet the needs and requirements of the worker who has sustained
catastrophic injury, the ((department or self-))insurer ((may be
ordered to)) shall pay an amount not to exceed the state's average
annual wage for one year as determined under RCW 50.04.355, as now
existing or hereafter amended, toward the cost of such modifications or
construction. Such payment shall only be made for the construction or
modification of a residence in which the injured worker resides. Only
one residence of any worker may be modified or constructed under this
subsection((, although the supervisor may order more than one payment
for any one home, up to the maximum amount permitted by this section)).
(8)(a) Whenever ((in the sole discretion of the supervisor)) it is
reasonable and necessary to modify a motor vehicle owned by a worker
who has become an amputee or becomes paralyzed because of an industrial
injury, the ((supervisor may order)) insurer shall pay up to fifty
percent of the state's average annual wage for one year, as determined
under RCW 50.04.355, ((to be paid by the department or self-insurer))
toward the costs thereof.
(b) ((In the sole discretion of the supervisor after his or her
review,)) The amount paid under this subsection may be increased by no
more than four thousand dollars by written order of the ((supervisor))
department.
(9) The benefits provided by subsections (7) and (8) of this
section are available to any otherwise eligible worker regardless of
the date of industrial injury.
Sec. 92 RCW 51.36.022 and 2005 c 411 s 1 are each amended to read
as follows:
(1) The legislature finds that there is a need to clarify the
process and standards under which ((the department)) an insurer
provides residence modification assistance to workers who have
sustained catastrophic injury.
(2) The director shall adopt rules that take effect no later than
nine months after July 24, 2005, to establish guidelines and processes
for residence modification pursuant to RCW 51.36.020(7).
(3) In developing rules under this section, the director shall
consult with interested persons, including persons with expertise in
the rehabilitation of catastrophically disabled individuals and
modifications for adaptive housing.
(4) These rules must address at least the following:
(a) The process for a catastrophically injured worker to access the
residence modification benefits provided by RCW 51.36.020; and
(b) How the ((department)) insurer may address the needs and
preferences of the individual worker on a case-by-case basis taking
into account information provided by the injured worker. For purposes
of determining the needs and requirements of the worker under RCW
51.36.020, including whether a modification is medically necessary, the
((department)) insurer must consider all available information
regarding the medical condition and physical restrictions of the
injured worker, including the opinion of the worker's attending health
services provider.
(5) The rules should be based upon nationally accepted guidelines
and publications addressing adaptive residential housing. The
department must consider the guidelines established by the United
States department of veterans affairs in their publication entitled
"Handbook for Design: Specially Adapted Housing," and the
recommendations published in "The Accessible Housing Design File" by
Barrier Free Environments, Inc.
(6) In developing rules under this section, the director shall
consult with other persons with an interest in improving standards for
adaptive housing.
(7) The director shall report by December 2007 to the appropriate
committees of the legislature on the rules adopted under this section.
Sec. 93 RCW 51.36.040 and 1977 ex.s. c 350 s 59 are each amended
to read as follows:
The benefits of Title 51 RCW shall be provided to each worker
receiving an injury, as defined therein, during the course of his or
her employment and also during his or her lunch period as established
by the employer while on the jobsite. The jobsite shall consist of the
premises as are occupied, used or contracted for by the employer for
the business of work process in which the employer is then engaged:
PROVIDED, That if a worker by reason of his or her employment leaves
such jobsite under the direction, control or request of the employer
and if such worker is injured during his or her lunch period while so
away from the jobsite, the worker shall receive the benefits as
provided herein: AND PROVIDED FURTHER, That the employer need not
consider the lunch period in worker hours for the purpose of reporting
to the ((department)) insurer unless the worker is actually paid for
such period of time.
Sec. 94 RCW 51.36.060 and 2004 c 65 s 12 are each amended to read
as follows:
Physicians or licensed advanced registered nurse practitioners
examining or attending injured workers under this title shall comply
with rules and regulations adopted by the director, and shall make such
reports as may be requested by the ((department or self-))insurer upon
the condition or treatment of any such worker, or upon any other
matters concerning such workers in their care. Except under RCW
49.17.210 and 49.17.250, all medical information in the possession or
control of any person and relevant to the particular injury in the
opinion of the department pertaining to any worker whose injury or
occupational disease is the basis of a claim under this title shall be
made available at any stage of the proceedings to the employer, the
claimant's representative, the insurer, and the department upon
request, and no person shall incur any legal liability by reason of
releasing such information.
Sec. 95 RCW 51.36.070 and 2001 c 152 s 2 are each amended to read
as follows:
Whenever the director or the ((self-))insurer deems it necessary in
order to resolve any medical issue, a worker shall submit to
examination by a physician or physicians selected by the director or
the insurer, with the rendition of a report to the person ordering the
examination. The department or self-insurer shall provide the
physician performing an examination with all relevant medical records
from the worker's claim file. The director, in his or her discretion,
may charge the cost of such examination or examinations to the
((self-))insurer ((or to the medical aid fund as the case may be)).
The cost of said examination shall include payment to the worker of
reasonable expenses connected therewith.
Sec. 96 RCW 51.36.120 and 2005 c 274 s 325 are each amended to
read as follows:
When contracting for health care services and equipment, the
((department)) state fund, upon request of a contractor, shall keep
confidential financial and valuable trade information, which shall be
exempt from public inspection and copying under chapter 42.56 RCW.
Sec. 97 RCW 51.36.140 and 2007 c 282 s 1 are each amended to read
as follows:
(1) The department shall establish an industrial insurance medical
advisory committee. The industrial insurance medical advisory
committee shall advise the department on matters related to the
provision of safe, effective, and cost-effective treatments for injured
workers, including but not limited to the development of practice
guidelines and coverage criteria, review of coverage decisions and
technology assessments, review of medical programs, and review of rules
pertaining to health care issues. The industrial insurance medical
advisory committee may provide peer review and advise and assist the
department in the resolution of controversies, disputes, and problems
between the department and the providers of medical care. The
industrial insurance medical advisory committee must consider the best
available scientific evidence and expert opinion of committee members.
The department may hire any expert or service or create an ad hoc
committee, group, or subcommittee it deems necessary to fulfill the
purposes of the industrial insurance medical advisory committee. In
addition, the industrial insurance medical advisory committee may
consult nationally recognized experts in evidence-based health care on
particularly controversial issues.
(2) The industrial insurance medical advisory committee is composed
of up to fourteen members appointed by the director. The members must
not include any department employees. The director shall select twelve
members from the nominations provided by statewide clinical groups,
specialties, and associations, including but not limited to the
following: Family or general practice, orthopedics, neurology,
neurosurgery, general surgery, physical medicine and rehabilitation,
psychiatry, internal medicine, osteopathic, pain management, and
occupational medicine. At least two members must be physicians who are
recognized for expertise in evidence-based medicine. The director may
choose up to two additional members, not necessarily from the
nominations submitted, who have expertise in occupational medicine.
(3) The industrial insurance medical advisory committee shall
choose its chair from among its membership.
(4) The members of the industrial insurance medical advisory
committee, including hired experts and any ad hoc group or
subcommittee: (a) Are immune from civil liability for any official
acts performed in good faith to further the purposes of the industrial
insurance medical advisory committee; and (b) may be compensated for
participation in the work of the industrial insurance medical advisory
committee in accordance with a personal services contract to be
executed after appointment and before commencement of activities
related to the work of the industrial insurance medical advisory
committee.
(5) The members of the industrial insurance medical advisory
committee shall disclose all potential financial conflicts of interest
including contracts with or employment by a manufacturer, provider, or
vendor of health technologies, drugs, medical devices, diagnostic
tools, or other medical services during their term or for eighteen
months before their appointment. As a condition of appointment, each
person must agree to the terms and conditions regarding conflicts of
interest as determined by the director.
(6) The industrial insurance medical advisory committee shall meet
at the times and places designated by the director and hold meetings
during the year as necessary to provide advice to the director.
Meetings of the industrial insurance medical advisory committee are
subject to chapter 42.30 RCW, the open public meetings act.
(7) The industrial insurance medical advisory committee shall
coordinate with the state health technology assessment program and
state prescription drug program as necessary. As provided by RCW
70.14.100 and 70.14.050, the decisions of the state health technology
assessment program and those of the state prescription drug program
hold greater weight than decisions made by the department's industrial
insurance medical advisory committee under Title 51 RCW.
(8) Neither the industrial insurance medical advisory committee nor
any group is an agency for purposes of chapter 34.05 RCW.
(9) The department shall provide administrative support to the
industrial insurance medical advisory committee and adopt rules to
carry out the purposes of this section.
(10) The chair and ranking minority member of the house of
representatives commerce and labor committee or the chair and ranking
minority member of the senate labor, commerce, research and development
committee, or successor committees, may request that the industrial
insurance medical advisory committee review a medical issue related to
industrial insurance and provide a written report to the house of
representatives commerce and labor committee and the senate labor,
commerce, research and development committee, or successor committees.
The industrial insurance medical advisory committee is not required to
act on the request.
(((11) The workers' compensation advisory committee may request
that the industrial insurance medical advisory committee consider
specific medical issues that have arisen multiple times during the work
of the workers' compensation advisory committee. The industrial
insurance medical advisory committee is not required to act on the
request.))
Sec. 98 RCW 51.36.150 and 2007 c 282 s 2 are each amended to read
as follows:
(1) The department shall establish an industrial insurance
chiropractic advisory committee. The industrial insurance chiropractic
advisory committee shall advise the department on matters related to
the provision of safe, effective, and cost-effective chiropractic
treatments for injured workers. The industrial insurance chiropractic
advisory committee may provide peer review and advise and assist the
department in the resolution of controversies, disputes, and problems
between the department and the providers of chiropractic care.
(2) The industrial insurance chiropractic advisory committee is
composed of up to nine members appointed by the director. The members
must not include any department employees. The director must consider
nominations from recognized statewide chiropractic groups such as the
Washington state chiropractic association. At least two members must
be chiropractors who are recognized for expertise in evidence-based
practice or occupational health.
(3) The industrial insurance chiropractic advisory committee shall
choose its chair from among its membership.
(4) The members of the industrial insurance chiropractic advisory
committee and any ad hoc group or subcommittee: (a) Are immune from
civil liability for any official acts performed in good faith to
further the purposes of the industrial insurance chiropractic advisory
committee; and (b) may be compensated for participation in the work of
the industrial insurance chiropractic advisory committee in accordance
with a personal services contract to be executed after appointment and
before commencement of activities related to the work of the industrial
insurance chiropractic advisory committee.
(5) The members of the industrial insurance chiropractic advisory
committee shall disclose all potential financial conflicts of interest
including contracts with or employment by a manufacturer, provider, or
vendor of health technologies, drugs, medical devices, diagnostic
tools, or other medical services during their term or for eighteen
months before their appointment. As a condition of appointment, each
person must agree to the terms and conditions regarding conflicts of
interest as determined by the director.
(6) The industrial insurance chiropractic advisory committee shall
meet at the times and places designated by the director and hold
meetings during the year as necessary to provide advice to the
director. Meetings of the industrial insurance chiropractic advisory
committee are subject to chapter 42.30 RCW, the open public meetings
act.
(7) The industrial insurance chiropractic advisory committee shall
coordinate with the state health technology assessment program and
state prescription drug program as necessary. As provided by RCW
70.14.100 and 70.14.050, the decisions of the state health technology
assessment program and those of the state prescription drug program
hold greater weight than decisions made by the department's industrial
insurance chiropractic advisory committee under Title 51 RCW.
(8) Neither the industrial insurance chiropractic advisory
committee nor any group is an agency for purposes of chapter 34.05 RCW.
(9) The department shall provide administrative support to the
industrial insurance chiropractic advisory committee and adopt rules to
carry out the purposes of this section.
(10) The chair and ranking minority member of the house of
representatives commerce and labor committee or the chair and ranking
minority member of the senate labor, commerce, research and development
committee, or successor committees, may request that the industrial
insurance chiropractic advisory committee review a medical issue
related to industrial insurance and provide a written report to the
house of representatives commerce and labor committee and the senate
labor, commerce, research and development committee, or successor
committees. The industrial insurance chiropractic advisory committee
is not required to act on the request.
(((11) The workers' compensation advisory committee may request
that the industrial insurance chiropractic advisory committee consider
specific medical issues that have arisen multiple times during the work
of the workers' compensation advisory committee. The industrial
insurance chiropractic advisory committee is not required to act on the
request.))
Sec. 99 RCW 51.44.040 and 2005 c 475 s 1 are each amended to read
as follows:
(1) There shall be in the office of the state treasurer, a fund to
be known and designated as the "second injury fund", which shall be
used only for the purpose of defraying charges against it as provided
in RCW 51.16.120 and 51.32.250. The fund shall be administered by the
director. The state treasurer shall be the custodian of the second
injury fund and shall be authorized to disburse moneys from it only
upon written order of the director.
(2) ((Payments to)) Assessments for the second injury fund ((from
the accident fund)) shall be ((made pursuant to)) imposed and collected
from all insurers under rules adopted by the director.
(3)(a) ((Assessments for the second injury fund shall be imposed on
self-insurers pursuant to rules adopted by the director. Such)) Rules
adopted under subsection (2) of this section shall provide for at least
the following:
(i) Except as provided in (a)(ii) of this subsection, the amount
assessed each ((self-))insurer must be in the proportion that the
payments made from the fund on account of claims made against
((self-))insurers bears to the total sum of payments from the fund.
(ii) Except as provided in section 2, chapter 475, Laws of 2005,
beginning with assessments imposed on or after July 1, 2009, the
department shall experience rate the amount assessed each
((self-))insurer as long as the aggregate amount assessed is in the
proportion that the payments made from the fund on account of claims
made against ((self-))insurers bears to the total sum of payments from
the fund. The experience rating factor must provide equal weight to
the ratio between expenditures made by the second injury fund for
claims of the ((self-))insurer to the total expenditures made by the
second injury fund for claims of all ((self-))insurers for the prior
three fiscal years and the ratio of workers' compensation claim
payments under this title made by the ((self-))insurer to the total
worker's compensation claim payments made by all ((self-))insurers
under this title for the prior three fiscal years. The weighted
average of these two ratios must be divided by the latter ratio to
arrive at the experience factor.
(b) For purposes of this subsection, "expenditures made by the
second injury fund" mean the costs and charges described under RCW
51.32.250 and 51.16.120 (3) and (4), and the amounts assessed to the
second injury fund as described under RCW 51.16.120(1). Under no
circumstances does "expenditures made by the second injury fund"
include any subsequent payments, assessments, or adjustments for
pensions, where the applicable second injury fund entitlement was
established outside of the three fiscal years.
Sec. 100 RCW 51.44.040 and 1982 c 63 s 14 are each amended to
read as follows:
(1) There shall be in the office of the state treasurer, a fund to
be known and designated as the "second injury fund", which shall be
used only for the purpose of defraying charges against it as provided
in RCW 51.16.120 and 51.32.250((, as now or hereafter amended)).
((Said)) The fund shall be administered by the director. The state
treasurer shall be the custodian of the second injury fund and shall be
authorized to disburse moneys from it only upon written order of the
director.
(2) ((Payments to)) Assessments for the second injury fund ((from
the accident fund)) shall be ((made pursuant to rules and regulations
promulgated)) imposed and collected from all insurers under rules
adopted by the director.
(((3) Assessments for the second injury fund shall be imposed on
self-insurers pursuant to rules and regulations promulgated by the
director to ensure that self-insurers shall pay to such fund in the
proportion that the payments made from such fund on account of claims
made against self-insurers bears to the total sum of payments from such
fund.))
Sec. 101 RCW 51.44.070 and 1992 c 124 s 1 are each amended to
read as follows:
(1) For every case resulting in death or permanent total disability
((the department shall transfer on its books from the accident fund of
the proper class and/)) a self-insurer
shall pay into the reserve fund a sum of money ((
Similarly, a self-insurer in these circumstancescomputed in the same
manner, and the disbursements therefrom shall be made as in other
cases)) for that case equal to the estimated present cash value of the
monthly payments in this title provided to be made for the case. The
annuity values shall be based on rates of mortality, disability,
remarriage, and interest as determined by the state insurance
commissioner, taking into account the commissioner's experience in
these respects.
(2) As an alternative to payment procedures ((otherwise)) provided
under ((law)) subsection (1) of this section, in the event of death or
permanent total disability to workers of self-insured employers, a
self-insured employer may upon establishment of such obligation file
with the department a bond, an assignment of account from a federally
or state chartered commercial banking institution authorized to conduct
business in the state of Washington, or purchase an annuity, in an
amount deemed by the department to be reasonably sufficient to insure
payment of the pension benefits provided by law. Any purchase of an
annuity shall be from an institution meeting the following minimum
requirements: (a) The institution must be rated no less than "A+" by
A.M. Best, and no less than "AA" by Moody's and by Standard & Poor's;
(b) the value of the assets of the institution must not be less than
ten billion dollars; (c) not more than ten percent of the institution's
assets may include bonds that are rated less than "BBB" by Moody's and
Standard & Poor's; (d) not more than five percent of the assets may be
held as equity in real estate; and (e) not more than twenty-five
percent of the assets may be first mortgages, and not more than five
percent may be second mortgages. The department shall adopt rules
governing assignments of account and annuities. Such rules shall
ensure that the funds are available if needed, even in the case of
failure of the banking institution, the institution authorized to
provide annuities, or the employer's business.
The annuity value for every such case shall be determined by the
department based upon the department's experience as to rates of
mortality, disability, remarriage, and interest. The amount of the
required bond, assignment of account, or annuity may be reviewed and
adjusted periodically by the department, based upon periodic
redeterminations by the department as to the outstanding annuity value
for the case.
Under such alternative, the department shall administer the payment
of this obligation to the beneficiary or beneficiaries. The department
shall be reimbursed for all such payments from the self-insured
employer through periodic charges not less than quarterly in a manner
to be determined by the director. The self-insured employer shall
additionally pay to the department a deposit equal to the first three
months' payments otherwise required under RCW 51.32.050 and 51.32.060.
Such deposit shall be placed in the reserve fund in accordance with RCW
51.44.140 and shall be returned to the respective self-insured employer
when monthly payments are no longer required for such particular
obligation.
If a self-insurer delays or refuses to reimburse the department
beyond fifteen days after the reimbursement charges become due, there
shall be a penalty paid by the self-insurer upon order of the director
of an additional amount equal to twenty-five percent of the amount then
due which shall be paid into the ((pension)) reserve fund. Such an
order shall conform to the requirements of RCW 51.52.050.
Sec. 102 RCW 51.44.090 and 1972 ex.s. c 43 s 31 are each amended
to read as follows:
The state treasurer shall keep accurate accounts of the reserve
fund and the investment and earnings thereof, to the end that the total
reserve fund shall at all times, as nearly as may be, be properly and
fully invested and, to meet current demands for pension or lump sum
payments, may, if necessary, make temporary loans to the reserve fund
out of the ((accident)) industrial insurance administrative fund,
repaying the same from the earnings of the reserve fund or from
collections of its investments or, if necessary, sales of the same.
Sec. 103 RCW 51.44.100 and 1990 c 80 s 1 are each amended to read
as follows:
Whenever, in the judgment of the state investment board, there
shall be in the ((accident fund, medical aid)) state fund, reserve
fund, or the supplemental pension fund, funds in excess of that amount
deemed by the state investment board to be sufficient to meet the
current expenditures properly payable therefrom, the state investment
board may invest and reinvest such excess funds in the manner
prescribed by RCW 43.84.150, and not otherwise.
The state investment board may give consideration to the investment
of excess funds in federally insured student loans made to persons in
vocational training or retraining or reeducation programs. The state
investment board may make such investments by purchasing from savings
and loan associations, commercial banks, mutual savings banks, credit
unions and other institutions authorized to be lenders under the
federally insured student loan act, organized under federal or state
law and operating in this state loans made by such institutions to
residents of the state of Washington particularly for the purpose of
vocational training or reeducation: PROVIDED, That the state
investment board shall purchase only that portion of any loan which is
guaranteed or insured by the United States of America, or by any agency
or instrumentality of the United States of America: PROVIDED FURTHER,
That the state investment board is authorized to enter into contracts
with such savings and loan associations, commercial banks, mutual
savings banks, credit unions, and other institutions authorized to be
lenders under the federally insured student loan act to service loans
purchased pursuant to this section at an agreed upon contract price.
Sec. 104 RCW 51.44.115 and 2005 c 387 s 1 are each amended to
read as follows:
(1) The department shall:
(a) Prepare financial statements on the state fund in accordance
with generally accepted accounting principles((, including but not
limited to financial statements on the accident fund, the medical aid
fund, the supplemental pension fund, and the second injury fund)).
Statements must be presented separately by fund and in the aggregate;
and
(b) Prepare financial information for the ((accident fund, medical
aid fund, and pension reserve)) state fund based on statutory
accounting practices and principles promulgated by the national
association of insurance commissioners for the purpose of maintaining
actuarial solvency of these funds.
(2) Beginning in 2006, and, to avoid duplication, coordinated with
any audit that may be conducted under RCW 43.09.310, the state auditor
shall conduct annual audits of the state fund. As part of the audits
required under this section, the state auditor may contract with firms
qualified to perform all or part of the financial audit, as necessary.
(a) The firm or firms conducting the reviews shall be familiar with
the accounting standards applicable to the accounts under review and
shall have experience in workers' compensation reserving, discounting,
and rate making.
(b) The scope of the financial audit shall include, but is not
limited to:
(i) An opinion on whether the financial statements were prepared in
accordance with generally accepted accounting principles;
(ii) An assessment of the financial impact of the proposed rate
level on the actuarial solvency of the ((accident, medical aid, and
pension reserve funds)) state fund, taking into consideration the risks
inherent with insurance and the effects of the actuarial assumptions,
discount rates, reserving, retrospective rating program, refunds, and
individual employer rate classes, as well as the standard accounting
principles used for insurance underwriting purposes; and
(iii) A statement of actuarial opinion on whether the loss and loss
adjustment expense reserves ((for the accident, medical aid, and
pension reserve funds)) were prepared in accordance with generally
accepted actuarial principles.
(c) The department shall cooperate with the state auditor in all
respects and shall permit the state auditor full access to all
information deemed necessary for a true and complete review.
(d) The cost of the audit shall be paid by the state fund under
separate contract.
(3) The state auditor shall issue an annual report to the governor,
the leaders of the majority and minority caucuses in the senate and the
house of representatives, the director of the office of financial
management, and the director of the department, on the results of the
financial audit and reviews, within six months of the end of the fiscal
year. The report may include recommendations.
(4) The audit report shall be available for public inspection.
(5) Within ninety days after the state auditor completes and
delivers to the appropriate authority an audit under subsection (2) of
this section, the director of the department shall notify the state
auditor in writing of the measures taken and proposed to be taken, if
any, to respond to the recommendations of the audit report. The state
auditor may extend the ninety-day period for good cause.
Sec. 105 RCW 51.48.010 and 1985 c 347 s 2 are each amended to
read as follows:
Every employer shall be liable for the penalties described in this
title and may also be liable if an injury or occupational disease has
been sustained by a worker prior to the time he or she has secured the
payment of such compensation to a penalty in a sum not less than fifty
percent nor more than one hundred percent of the cost for such injury
or occupational disease. Any employer who has failed to secure payment
of compensation for his or her workers covered under this title may
also be liable to a maximum penalty in a sum of five hundred dollars or
in a sum double the amount of premiums incurred prior to securing
payment of compensation under this title, whichever is greater, for the
benefit of the ((medical aid fund)) assigned risk pool.
Sec. 106 RCW 51.48.020 and 2008 c 120 s 9 are each amended to
read as follows:
(1)(a) Any employer, who knowingly misrepresents to the
((department)) insurer the amount of his or her payroll or employee
hours upon which the premium under this title is based, shall be liable
to the ((state)) insurer for up to ten times the amount of the
difference in premiums paid and the amount the employer should have
paid and for the reasonable expenses of auditing his or her books and
collecting such sums. Such liability may be enforced in the name of
the ((department)) insurer.
(b) An employer is guilty of a class C felony, if:
(i) The employer, with intent to evade determination and payment of
the correct amount of the premiums, knowingly makes misrepresentations
regarding payroll or employee hours; or
(ii) The employer engages in employment covered under this title
and, with intent to evade determination and payment of the correct
amount of the premiums, knowingly fails to secure payment of
compensation under this title or knowingly fails to report the payroll
or employee hours related to that employment.
(c) Upon conviction under (b) of this subsection, the employer
shall be ordered by the court to pay the premium due and owing, a
penalty in the amount of one hundred percent of the premium due and
owing, and interest on the premium and penalty from the time the
premium was due until the date of payment. The court shall:
(i) Collect the premium and interest and transmit it to the
((department of labor and industries)) insurer, or to the assigned risk
pool if the employer was convicted for failure to secure compensation;
and
(ii) Collect the penalty and disburse it pro rata as follows: One-third to the investigative agencies involved; one-third to the
prosecuting authority; and one-third to the general fund of the county
in which the matter was prosecuted.
Payments collected under this subsection must be applied until
satisfaction of the obligation in the following order: Premium
payments; penalty; and interest.
(d) An employer found to have violated this subsection shall, in
addition to any other penalties, be subject to the penalties in RCW
39.12.055.
(2) Any person claiming benefits under this title, who knowingly
gives false information required in any claim or application under this
title shall be guilty of a felony, or gross misdemeanor in accordance
with the theft and anticipatory provisions of Title 9A RCW.
Sec. 107 RCW 51.48.030 and 1986 c 9 s 8 are each amended to read
as follows:
Every employer who fails to keep and preserve the records required
by this title or fails to make the reports provided in this title shall
be subject to a penalty determined by the director but not to exceed
two hundred fifty dollars or two hundred percent of the quarterly tax
for each such offense, whichever is greater. Any employer who fails to
keep and preserve the records adequate to determine taxes due shall be
forever barred from questioning, in an appeal before the board of
industrial insurance appeals or the courts, the correctness of any
assessment by the ((department)) insurer based on any period for which
such records have not been kept and preserved.
Sec. 108 RCW 51.48.040 and 2003 c 53 s 282 are each amended to
read as follows:
(1) The books, records and payrolls of the employer pertinent to
the administration of this title shall always be open to inspection by
the ((department or its traveling auditor, agent or assistant,))
insurer for the purpose of ascertaining the correctness of the payroll,
the persons employed, and such other information as may be necessary
((for the department and its management)) under this title.
(2) Refusal on the part of the employer to submit his or her books,
records, and payrolls for such inspection ((to the department, or any
assistant presenting written authority from the director,)) shall
subject the offending employer to a penalty determined by the director
but not to exceed two hundred fifty dollars for each offense and the
individual who personally gives such refusal is guilty of a
misdemeanor.
(3) Any employer who fails to allow adequate inspection in
accordance with the requirements of this section is subject to having
its certificate of coverage revoked ((by order of the department)) and
is forever barred from questioning in any proceeding in front of the
board of industrial insurance appeals or any court, the correctness of
any assessment ((by the department)) based on any period for which such
records have not been produced for inspection.
Sec. 109 RCW 51.48.050 and 1980 c 14 s 13 are each amended to
read as follows:
It shall be unlawful for any employer to directly or indirectly
demand or collect from any of his or her workers any sum of money
whatsoever for or on account of medical, surgical, hospital, or other
treatment or transportation of injured workers, other than as specified
in RCW 51.16.140, and any employer who directly or indirectly violates
the ((foregoing)) provisions of this section shall be liable to the
state for the benefit of the ((medical aid fund)) assigned risk pool in
ten times the amount so demanded or collected, and such employer and
every officer, agent, or servant of such employer knowingly
participating therein shall also be guilty of a misdemeanor.
Sec. 110 RCW 51.48.055 and 2004 c 243 s 3 are each amended to
read as follows:
(1) Upon termination, dissolution, or abandonment of a corporate or
limited liability company business, any officer, member, manager, or
other person having control or supervision of payment and/or reporting
of industrial insurance, or who is charged with the responsibility for
the filing of returns, is personally liable for any unpaid premiums and
interest and penalties on those premiums if such officer or other
person willfully fails to pay or to cause to be paid any premiums due
((the department)) under chapter 51.16 RCW.
For purposes of this subsection "willfully fails to pay or to cause
to be paid" means that the failure was the result of an intentional,
conscious, and voluntary course of action.
(2) The officer, member, manager, or other person is liable only
for premiums that became due during the period he or she had the
control, supervision, responsibility, or duty to act for the
corporation described in subsection (1) of this section, plus interest
and penalties on those premiums.
(3) The officer, member, manager, or other person is not liable if
that person is not exempt from mandatory coverage under RCW 51.12.020
and was directed not to pay the employer's premiums by someone who is
exempt.
(4) The officer, member, manager, or other person is not liable if
all of the assets of the corporation or limited liability company have
been applied to its debts through bankruptcy or receivership.
(5) Any person having been issued a notice of assessment under this
section is entitled to ((the)) appeal ((procedures under RCW
51.48.131)).
(6) This section does not relieve the corporation or limited
liability company of its liabilities under Title 51 RCW or otherwise
impair other tax collection remedies afforded by law.
(7) Collection authority and procedures prescribed in this chapter
apply to collections under this section.
Sec. 111 RCW 51.48.060 and 2004 c 65 s 14 are each amended to
read as follows:
Any physician or licensed advanced registered nurse practitioner
who fails, neglects or refuses to file a report ((with the director,))
as required by this title, within five days of the date of treatment,
showing the condition of the injured worker at the time of treatment,
a description of the treatment given, and an estimate of the probable
duration of the injury, or who fails or refuses to render all necessary
assistance to the injured worker, as required by this title, shall be
subject to a civil penalty determined by the director but not to exceed
two hundred fifty dollars.
Sec. 112 RCW 51.48.080 and 1985 c 347 s 7 are each amended to
read as follows:
Every person, firm or corporation who violates or fails to obey,
observe or comply with any rule of the ((department promulgated))
commissioner adopted under authority of this title((,)) shall be
subject to a penalty of not to exceed five hundred dollars.
Sec. 113 RCW 51.48.090 and 1961 c 23 s 51.48.090 are each amended
to read as follows:
Civil penalties to the state under this title shall be collected by
civil action in the name of the state and paid into the ((accident
fund)) assigned risk pool unless a different fund is designated.
Sec. 114 RCW 51.48.103 and 2008 c 120 s 8 are each amended to
read as follows:
(1) It is a gross misdemeanor:
(a) For any employer to engage in business subject to this title
without having obtained a certificate of coverage as provided for in
this title;
(b) For the president, vice president, secretary, treasurer, or
other officer of any company to cause or permit the company to engage
in business subject to this title without having obtained a certificate
of coverage as provided for in this title.
(2) It is a class C felony punishable according to chapter 9A.20
RCW:
(a) For any employer to engage in business subject to this title
after the employer's certificate of coverage has been revoked ((by
order of the department));
(b) For the president, vice president, secretary, treasurer, or
other officer of any company to cause or permit the company to engage
in business subject to this title after revocation of a certificate of
coverage.
(3) An employer found to have violated this section shall, in
addition to any other penalties, be subject to the penalties in RCW
39.12.055.
Sec. 115 RCW 51.48.250 and 1986 c 200 s 4 are each amended to
read as follows:
(1) No person, firm, corporation, partnership, association, agency,
institution, or other legal entity, but not including an industrially
injured recipient of health service, shall, on behalf of himself or
others, obtain or attempt to obtain payments under this chapter in a
greater amount than that to which entitled by means of:
(a) A willful false statement;
(b) Willful misrepresentation, or by concealment of any material
facts; or
(c) Other fraudulent scheme or device, including, but not limited
to:
(i) Billing for services, drugs, supplies, or equipment that were
not furnished, of lower quality, or a substitution or misrepresentation
of items billed; or
(ii) Repeated billing for purportedly covered items, which were not
in fact so covered.
(2) Any person, firm, corporation, partnership, association,
agency, institution, or other legal entity knowingly violating any of
the provisions of subsection (1) of this section shall be liable for
repayment of any excess payments received, plus interest on the amount
of the excess benefits or payments at the rate of one percent each
month for the period from the date upon which payment was made to the
date upon which repayment is made ((to the state)). Such person or
other entity shall further, in addition to any other penalties provided
by law, be subject to civil penalties. The director ((of the
department of labor and industries)) may assess civil penalties in an
amount not to exceed the greater of one thousand dollars or three times
the amount of such excess benefits or payments: PROVIDED, That these
civil penalties shall not apply to any acts or omissions occurring
prior to April 1, 1986.
(3) A criminal action need not be brought against a person, firm,
corporation, partnership, association, agency, institution, or other
legal entity for that person or entity to be civilly liable under this
section.
(4) Civil penalties shall be deposited in the general fund upon
their receipt.
Sec. 116 RCW 51.48.260 and 1986 c 200 s 3 are each amended to
read as follows:
Any person, firm, corporation, partnership, association, agency,
institution, or other legal entity, but not including an industrially
injured recipient of health services, that, without intent to violate
this chapter, obtains payments under Title 51 RCW to which such person
or entity is not entitled, shall be liable for: (1) Any excess
payments received; and (2) interest on the amount of excess payments at
the rate of one percent each month for the period from the date upon
which payment was made to the date upon which repayment is made ((to
the state)).
Sec. 117 RCW 51.52.030 and 1961 c 23 s 51.52.030 are each amended
to read as follows:
The board may incur such expenses as are reasonably necessary to
carry out its duties ((hereunder)), which expenses shall be paid((,
one-half from the accident fund and one-half from the medical aid))
from the industrial insurance administrative fund upon vouchers
approved by the board.
Sec. 118 RCW 51.52.050 and 2008 c 280 s 1 are each amended to
read as follows:
(1) Whenever the ((department)) insurer has made any order,
decision, or award, it shall promptly serve the worker, beneficiary,
employer, or other person affected thereby, with a copy thereof by
mail, which shall be addressed to such person at his or her last known
address as shown by the records of the ((department)) insurer. The
copy, in case the same is a final order, decision, or award, shall bear
on the same side of the same page on which is found the amount of the
award, a statement, set in black faced type of at least ten point body
or size, that such final order, decision, or award shall become final
within sixty days from the date the order is communicated to the
parties unless a written request for reconsideration is filed with the
((department of labor and industries, Olympia)) insurer, or an appeal
is filed with the board of industrial insurance appeals, Olympia.
However, ((a department)) an order or decision making demand, whether
with or without penalty, for repayment of sums paid to a provider of
medical, dental, vocational, or other health services rendered to an
industrially injured worker, shall state that such order or decision
shall become final within twenty days from the date the order or
decision is communicated to the parties unless a written request for
reconsideration is filed with the ((department of labor and industries,
Olympia)) insurer, or an appeal is filed with the board of industrial
insurance appeals, Olympia.
(2)(a) Whenever the ((department)) commissioner has taken any
action or made any decision relating to any phase of the administration
of this title the worker, beneficiary, employer, or other person
aggrieved thereby may request reconsideration of the department, or may
appeal to the board. In an appeal before the board, the appellant
shall have the burden of proceeding with the evidence to establish a
prima facie case for the relief sought in such appeal.
(b) An order ((by the department)) awarding benefits shall become
effective and benefits due on the date issued. Subject to (b)(i) and
(ii) of this subsection, if the ((department)) order is appealed the
order shall not be stayed pending a final decision on the merits unless
ordered by the board. Upon issuance of the order granting the appeal,
the board will provide the worker with notice concerning the potential
of an overpayment of benefits paid pending the outcome of the appeal
and the requirements for interest on unpaid benefits pursuant to RCW
51.52.135. A worker may request that benefits cease pending appeal at
any time following the employer's motion for stay or the board's order
granting appeal. The request must be submitted in writing to the
employer, the board, and the ((department)) insurer. Any employer may
move for a stay of the order on appeal, in whole or in part. The
motion must be filed within fifteen days of the order granting appeal.
The board shall conduct an expedited review of the claim file provided
by the ((department)) insurer as it existed on the date of the
((department)) order. The board shall issue a final decision within
twenty-five days of the filing of the motion for stay or the order
granting appeal, whichever is later. The board's final decision may be
appealed to superior court in accordance with RCW 51.52.110. The board
shall grant a motion to stay if the moving party demonstrates that it
is more likely than not to prevail on the facts as they existed at the
time of the order on appeal. The board shall not consider the
likelihood of recoupment of benefits as a basis to grant or deny a
motion to stay. If a self-insured employer prevails on the merits, any
benefits paid may be recouped pursuant to RCW 51.32.240.
(i) If upon reconsideration requested by a worker or medical
provider, the ((department)) insurer has ordered an increase in a
permanent partial disability award from the amount reflected in an
earlier order, the award reflected in the earlier order shall not be
stayed pending a final decision on the merits. However, the increase
is stayed without further action by the board pending a final decision
on the merits.
(ii) If any party appeals an order establishing a worker's wages or
the compensation rate at which a worker will be paid temporary or
permanent total disability or loss of earning power benefits, the
worker shall receive payment pending a final decision on the merits
based on the following:
(A) When the employer is self-insured, the wage calculation or
compensation rate the employer most recently submitted to the
((department)) commissioner; or
(B) When the employer is insured through ((the state fund)) an
insurer, the highest wage amount or compensation rate uncontested by
the parties.
Payment of benefits or consideration of wages at a rate that is
higher than that specified in (b)(ii)(A) or (B) of this subsection is
stayed without further action by the board pending a final decision on
the merits.
(c) In an appeal from an order of ((the department)) an insurer
that alleges willful misrepresentation, the ((department)) insurer or
self-insured employer shall initially introduce all evidence in its
case in chief. Any such person aggrieved by the decision and order of
the board may thereafter appeal to the superior court, as prescribed in
this chapter.
Sec. 119 RCW 51.52.060 and 1995 c 253 s 1 and 1995 c 199 s 7 are
each reenacted and amended to read as follows:
(1)(a) Except as otherwise specifically provided in this section,
a worker, beneficiary, employer, health services provider, or other
person aggrieved by an order, decision, or award of ((the department))
an insurer must, before he or she appeals to the courts, file with the
board and the ((director)) insurer, by mail or personally, within sixty
days from the day on which a copy of the order, decision, or award was
communicated to such person, a notice of appeal to the board. However,
a health services provider or other person aggrieved by ((a
department)) an order or decision making demand, whether with or
without penalty, solely for repayment of sums paid to a provider of
medical, dental, vocational, or other health services rendered to an
industrially injured worker must, before he or she appeals to the
courts, file with the board and the ((director)) insurer, by mail or
personally, within twenty days from the day on which a copy of the
order or decision was communicated to the health services provider upon
whom the ((department)) order or decision was served, a notice of
appeal to the board.
(b) Failure to file a notice of appeal with both the board and the
((department)) insurer shall not be grounds for denying the appeal if
the notice of appeal is filed with either the board or the
((department)) insurer.
(2) Within ten days of the date on which an appeal has been granted
by the board, the board shall notify the other interested parties to
the appeal of the receipt of the appeal and shall forward a copy of the
notice of appeal to the other interested parties. Within twenty days
of the receipt of such notice of the board, the worker or the employer
may file with the board a cross-appeal from the order of the
((department)) insurer from which the original appeal was taken.
(3) If within the time limited for filing a notice of appeal to the
board from an order, decision, or award ((of the department)), the
((department)) insurer directs the submission of further evidence or
the investigation of any further fact, the time for filing the notice
of appeal shall not commence to run until the person has been advised
in writing of the final decision of the ((department)) insurer in the
matter. In the event the ((department)) insurer directs the submission
of further evidence or the investigation of any further fact, as
provided in this section, the department shall render a final order,
decision, or award within ninety days from the date further submission
of evidence or investigation of further fact is ordered which time
period may be extended ((by the department)) for good cause stated in
writing to all interested parties for an additional ninety days.
(4) The ((department)) insurer, either within the time limited for
appeal, or within thirty days after receiving a notice of appeal, may:
(a) Modify, reverse, or change any order, decision, or award; or
(b)(i) Except as provided in (b)(ii) of this subsection, hold an
order, decision, or award in abeyance for a period of ninety days which
time period may be extended ((by the department)) for good cause stated
in writing to all interested parties for an additional ninety days
pending further investigation in light of the allegations of the notice
of appeal; or
(ii) Hold an order, decision, or award issued under RCW 51.32.160
in abeyance for a period not to exceed ninety days from the date of
receipt of an application under RCW 51.32.160. The ((department))
insurer may extend the ninety-day time period for an additional sixty
days for good cause.
For purposes of this subsection, good cause includes delay that
results from conduct of the claimant that is subject to sanction under
RCW 51.32.110.
The board shall deny the appeal upon the issuance of an order under
(b)(i) or (ii) of this subsection holding an earlier order, decision,
or award in abeyance, without prejudice to the appellant's right to
appeal from any subsequent determinative order ((issued by the
department)).
This subsection (4)(b) does not apply to applications deemed
granted under RCW 51.32.160.
(5) An employer shall have the right to appeal an application
deemed granted under RCW 51.32.160 on the same basis as any other
application adjudicated pursuant to that section.
(6) A provision of this section shall not be deemed to change,
alter, or modify the practice or procedure of ((the department)) an
insurer for the payment of awards pending appeal.
Sec. 120 RCW 51.52.070 and 1977 ex.s. c 350 s 77 are each amended
to read as follows:
The notice of appeal to the board shall set forth in full detail
the grounds upon which the person appealing considers such order,
decision, or award is unjust or unlawful, and shall include every issue
to be considered by the board, and it must contain a detailed statement
of facts upon which such worker, beneficiary, employer, or other person
relies in support thereof. The worker, beneficiary, employer, or other
person shall be deemed to have waived all objections or irregularities
concerning the matter on which such appeal is taken other than those
specifically set forth in such notice of appeal or appearing in the
records of the ((department)) insurer. The ((department)) insurer
shall promptly transmit its original record, or a legible copy thereof
produced by mechanical, photographic, or electronic means, in such
matter to the board.
Sec. 121 RCW 51.52.080 and 1971 ex.s. c 289 s 69 are each amended
to read as follows:
If the notice of appeal raises no issue or issues of fact and the
board finds that the ((department)) insurer properly and lawfully
decided all matters raised by such appeal it may, without further
hearing, deny the same and confirm the ((department's)) decision or
award, or if the ((department's)) record sustains the contention of the
person appealing to the board, it may, without further hearing, allow
the relief asked in such appeal; otherwise, it shall grant the appeal.
Sec. 122 RCW 51.52.100 and 1982 c 109 s 8 are each amended to
read as follows:
Hearings shall be held in the county of the residence of the worker
or beneficiary, or in the county where the injury occurred, at a place
designated by the board. Such hearing shall be de novo and summary,
but no witness' testimony shall be received unless he or she shall
first have been sworn to testify the truth, the whole truth and nothing
but the truth in the matter being heard, or unless his or her testimony
shall have been taken by deposition according to the statutes and rules
relating to superior courts of this state. The ((department)) insurer
shall be entitled to appear in all proceedings before the board and
introduce testimony in support of its order. The board shall cause all
oral testimony to be stenographically reported and thereafter
transcribed, and when transcribed, the same, with all depositions,
shall be filed in, and remain a part of, the record on the appeal.
Such hearings on appeal to the board may be conducted by one or more of
its members, or a duly authorized industrial appeals judge, and
depositions may be taken by a person duly commissioned for the purpose
by the board.
Members of the board, its duly authorized industrial appeals
judges, and all persons duly commissioned by it for the purpose of
taking depositions, shall have power to administer oaths; to preserve
and enforce order during such hearings; to issue subpoenas for, and to
compel the attendance and testimony of, witnesses, or the production of
books, papers, documents, and other evidence, or the taking of
depositions before any designated individual competent to administer
oaths, and it shall be their duty so to do to examine witnesses; and to
do all things conformable to law which may be necessary to enable them,
or any of them, effectively to discharge the duties of his or her
office.
If any person in proceedings before the board disobeys or resists
any lawful order or process, or misbehaves during a hearing or so near
the place thereof as to obstruct the same, or neglects to produce,
after having been ordered so to do, any pertinent book, paper or
document, or refuses to appear after having been subpoenaed, or upon
appearing refuses to take oath as a witness, or after having the oath
refuses to be examined according to law, the board or any member or
duly authorized industrial appeals judge may certify the facts to the
superior court having jurisdiction in the place in which said board or
member or industrial appeals judge is sitting; the court shall
thereupon, in a summary manner, hear the evidence as to the acts
complained of, and, if the evidence so warrants, punish such person in
the same manner and to the same extent as for a contempt committed
before the court, or commit such person upon the same conditions as if
the doing of the forbidden act had occurred with reference to the
proceedings, or in the presence, of the court.
Sec. 123 RCW 51.52.110 and 1988 c 202 s 49 are each amended to
read as follows:
Within thirty days after a decision of the board to deny the
petition or petitions for review upon such appeal has been communicated
to such worker, beneficiary, employer or other person, or within thirty
days after the final decision and order of the board upon such appeal
has been communicated to such worker, beneficiary, employer or other
person, or within thirty days after the appeal is denied as herein
provided, such worker, beneficiary, employer or other person aggrieved
by the decision and order of the board may appeal to the superior
court. If such worker, beneficiary, employer, or other person fails to
file with the superior court its appeal as provided in this section
within said thirty days, the decision of the board to deny the petition
or petitions for review or the final decision and order of the board
shall become final.
In cases involving injured workers, an appeal to the superior court
shall be to the superior court of the county of residence of the worker
or beneficiary, as shown by the ((department's)) insurer's records, or
to the superior court of the county wherein the injury occurred or
where neither the county of residence nor the county wherein the injury
occurred are in the state of Washington then the appeal may be directed
to the superior court for Thurston county. In all other cases the
appeal shall be to the superior court of Thurston county. Such appeal
shall be perfected by filing with the clerk of the court a notice of
appeal and by serving a copy thereof by mail, or personally, on the
((director)) insurer and on the board. If the case is one involving a
self-insurer, a copy of the notice of appeal shall also be served by
mail, or personally, on such self-insurer. The ((department)) insurer
shall, in all cases not involving a self-insurer, within twenty days
after the receipt of such notice of appeal, serve and file its notice
of appearance and such appeal shall thereupon be deemed at issue. If
the case is one involving a self-insurer, such self-insurer shall,
within twenty days after receipt of such notice of appeal, serve and
file its notice of appearance and such appeal shall thereupon be deemed
to be at issue. In such cases the ((department)) insurer may appear
and take part in any proceedings. The board shall serve upon the
appealing party, the ((director)) insurer, the self-insurer if the case
involves a self-insurer, and any other party appearing at the board's
proceeding, and file with the clerk of the court before trial, a
certified copy of the board's official record which shall include the
notice of appeal and other pleadings, testimony and exhibits, and the
board's decision and order, which shall become the record in such case.
No bond shall be required on appeals to the superior court or on review
by the supreme court or the court of appeals, except that an appeal by
the employer from a decision and order of the board ((under RCW
51.48.070,)) shall be ineffectual unless, within five days following
the service of notice thereof, a bond, with surety satisfactory to the
court, shall be filed, conditioned to perform the judgment of the
court. Except in the case last named an appeal shall not be a stay:
PROVIDED, HOWEVER, That whenever the board has made any decision and
order reversing an order of the ((supervisor of industrial insurance))
insurer on questions of law ((or mandatory administrative actions of
the director)), the ((department)) insurer shall have the right of
appeal to the superior court.
Sec. 124 RCW 51.52.115 and 1961 c 23 s 51.52.115 are each amended
to read as follows:
Upon appeals to the superior court only such issues of law or fact
may be raised as were properly included in the notice of appeal to the
board, or in the complete record of the proceedings before the board.
The hearing in the superior court shall be de novo, but the court shall
not receive evidence or testimony other than, or in addition to, that
offered before the board or included in the record filed by the board
in the superior court as provided in RCW 51.52.110: PROVIDED, That in
cases of alleged irregularities in procedure before the board, not
shown in said record, testimony thereon may be taken in the superior
court. The proceedings in every such appeal shall be informal and
summary, but full opportunity to be heard shall be had before judgment
is pronounced. In all court proceedings under or pursuant to this
title the findings and decision of the board shall be prima facie
correct and the burden of proof shall be upon the party attacking the
same. If the court shall determine that the board has acted within its
power and has correctly construed the law and found the facts, the
decision of the board shall be confirmed; otherwise, it shall be
reversed or modified. In case of a modification or reversal the
superior court shall refer the same to the ((department)) insurer with
an order directing it to proceed in accordance with the findings of the
court: PROVIDED, That any award shall be in accordance with the
schedule of compensation set forth in this title. In appeals to the
superior court hereunder, either party shall be entitled to a trial by
jury upon demand, and the jury's verdict shall have the same force and
effect as in actions at law. Where the court submits a case to the
jury, the court shall by instruction advise the jury of the exact
findings of the board on each material issue before the court.
Sec. 125 RCW 51.52.120 and 2007 c 490 s 3 are each amended to
read as follows:
(1) ((It shall be unlawful for an attorney engaged in the
representation of any worker or beneficiary to charge for services in
the department any fee in excess of a reasonable fee, of not more than
thirty percent of the increase in the award secured by the attorney's
services. Such reasonable fee shall be fixed by the director or the
director's designee for services performed by an attorney for such
worker or beneficiary, if written application therefor is made by the
attorney, worker, or beneficiary within one year from the date the
final decision and order of the department is communicated to the party
making the application.)) If, on appeal to the board, the order, decision, or award of
the ((
(2)department)) insurer is reversed or modified and additional
relief is granted to a worker or beneficiary, or in cases where a party
other than the worker or beneficiary is the appealing party and the
worker's or beneficiary's right to relief is sustained by the board,
the board shall fix a reasonable fee for the services of his or her
attorney in proceedings before the board if written application
therefor is made by the attorney, worker, or beneficiary within one
year from the date the final decision and order of the board is
communicated to the party making the application. ((In fixing the
amount of such attorney's fee, the board shall take into consideration
the fee allowed, if any, by the director, for services before the
department, and the board may review the fee fixed by the director.))
Any attorney's fee set by ((the department or)) the board may be
reviewed by the superior court upon application of such attorney,
worker, or beneficiary. The ((department)) insurer or self-insured
employer, as the case may be, shall be served a copy of the application
and shall be entitled to appear and take part in the proceedings.
Where the board, pursuant to this section, fixes the attorney's fee, it
shall be unlawful for an attorney to charge or receive any fee for
services before the board in excess of that fee fixed by the board.
(((3))) (2) In an appeal to the board involving the presumption
established under RCW 51.32.185, the attorney's fee shall be payable as
set forth under RCW 51.32.185.
(((4))) (3) Any person who violates this section is guilty of a
misdemeanor.
Sec. 126 RCW 51.52.130 and 2007 c 490 s 4 are each amended to
read as follows:
(1) If, on appeal to the superior or appellate court from the
decision and order of the board, said decision and order is reversed or
modified and additional relief is granted to a worker or beneficiary,
or in cases where a party other than the worker or beneficiary is the
appealing party and the worker's or beneficiary's right to relief is
sustained, a reasonable fee for the services of the worker's or
beneficiary's attorney shall be fixed by the court. In fixing the fee
the court shall take into consideration the fee or fees, if any, fixed
by ((the director and)) the board for such attorney's services before
((the department and)) the board. If the court finds that the fee
fixed by ((the director or by)) the board is inadequate for services
performed before the ((department or)) board, or if ((the director or))
the board has fixed no fee for such services, then the court shall fix
a fee for the attorney's services before ((the department, or)) the
board((, as the case may be,)) in addition to the fee fixed for the
services in the court. If in a worker or beneficiary appeal the
decision and order of the board is reversed or modified and if the
((accident fund or medical aid)) assigned risk pool fund is affected by
the litigation, or if in an appeal by the ((department)) insurer or
employer the worker or beneficiary's right to relief is sustained, ((or
in an appeal by a worker involving a state fund employer with twenty-five employees or less,)) in which the department does not appear and
defend, and the board order in favor of the employer is sustained, the
attorney's fee fixed by the court, for services before the court only,
and the fees of medical and other witnesses and the costs shall be
payable out of the industrial insurance administrative fund ((of the
department)). In the case of self-insured employers, the attorney fees
fixed by the court, for services before the court only, and the fees of
medical and other witnesses and the costs shall be payable directly by
the self-insured employer.
(2) In an appeal to the superior or appellate court involving the
presumption established under RCW 51.32.185, the attorney's fee shall
be payable as set forth under RCW 51.32.185.
Sec. 127 RCW 51.52.132 and 1965 ex.s. c 63 s 2 are each amended
to read as follows:
Where the ((department, the)) board or the court((,)) pursuant to
RCW 51.52.120 or 51.52.130 fixes the attorney's fee, it shall be
unlawful for an attorney to charge or receive any fee in excess of that
fixed by the ((department,)) board or the court. Any person who
violates any provision of this section shall be guilty of a
misdemeanor.
Sec. 128 RCW 51.52.135 and 1983 c 301 s 1 are each amended to
read as follows:
(1) When a worker or beneficiary prevails in an appeal by the
employer to the board or in an appeal by the employer to the court from
the decision and order of the board, the worker or beneficiary shall be
entitled to interest at the rate of twelve percent per annum on the
unpaid amount of the award after deducting the amount of attorney fees.
(2) When a worker or beneficiary prevails in an appeal by the
worker or beneficiary to the board or the court regarding a claim for
temporary total disability, the worker or beneficiary shall be entitled
to interest at the rate of twelve percent per annum on the unpaid
amount of the award after deducting the amount of attorney fees.
(3) The interest provided for in subsections (1) and (2) of this
section shall accrue from the date of the ((department's)) insurer's
order granting the award or denying payment of the award. The interest
shall be paid by the party having the obligation to pay the award. The
amount of interest to be paid shall be fixed by the board or court, as
the case may be.
NEW SECTION. Sec. 129 The following acts or parts of acts are
each repealed:
(1) RCW 51.04.030 (Medical aid -- Rules -- Maximum fees -- Records and
bill payment) and 2004 c 65 s 1, 1998 c 230 s 1, 1997 c 325 s 2, & 1994
c 164 s 25;
(2) RCW 51.04.082 (Notices and orders -- Mail or personal service)
and 1986 c 9 s 2;
(3) RCW 51.04.085 (Transmission of amounts payable) and 1977 ex.s.
c 323 s 26;
(4) RCW 51.04.110 (Workers' compensation advisory committee) and
1982 c 109 s 2 & 1980 c 14 s 3;
(5) RCW 51.04.120 (Certificate of coverage required -- Contents) and
1986 c 9 s 1;
(6) RCW 51.04.150 (Education and outreach -- Workers' compensation,
premium responsibilities, and independent contractor issues) and 2009
c 432 s 10;
(7) RCW 51.08.175 ("State fund" -- "State of Washington industrial
insurance fund.") and 1977 ex.s. c 323 s 5, 1972 ex.s. c 43 s 5, & 1971
ex.s. c 289 s 88;
(8) RCW 51.14.070 (Payments upon default) and 1986 c 57 s 3 & 1971
ex.s. c 289 s 36;
(9) RCW 51.16.035 (Classifications -- Premiums -- Rules -- Workers'
compensation advisory committee recommendations) and 2005 c 410 s 1,
1999 c 7 s 8, 1989 c 49 s 1, 1980 c 129 s 4, 1977 ex.s. c 350 s 24, &
1971 ex.s. c 289 s 16;
(10) RCW 51.16.042 (Occupational and environmental research
facility) and 1977 ex.s. c 350 s 25, 1971 ex.s. c 289 s 84, & 1963 c
151 s 2;
(11) RCW 51.16.060 (Quarterly report of payrolls) and 1985 c 315 s
1 & 1981 c 260 s 13;
(12) RCW 51.16.100 (Classification changes) and 1961 c 23 s
51.16.100;
(13) RCW 51.16.105 (Departmental expenses, financing) and 1994 c
164 s 26, 1977 ex.s. c 350 s 27, 1973 1st ex.s. c 52 s 8, 1971 ex.s. c
289 s 86, & 1961 c 23 s 51.16.105;
(14) RCW 51.16.130 (Distribution of catastrophe cost) and 1972
ex.s. c 43 s 14 & 1961 c 23 s 51.16.130;
(15) RCW 51.16.155 (Failure or refusal of employer to report or pay
premiums due -- Collection) and 1996 c 60 s 1, 1985 c 315 s 3, & 1971
ex.s. c 289 s 87;
(16) RCW 51.16.160 (Lien for payments due -- Priority -- Probate,
insolvency, etc) and 1985 c 315 s 4, 1971 ex.s. c 289 s 78, & 1961 c 23
s 51.16.160;
(17) RCW 51.16.170 (Lien for premiums, assessments, contributions,
and penalties -- Priority -- In general -- Notice) and 1986 c 9 s 5 & 1961 c
23 s 51.16.170;
(18) RCW 51.16.180 (Property acquired by state on execution) and
1971 ex.s. c 289 s 79 & 1961 c 23 s 51.16.180;
(19) RCW 51.16.190 (Limitation on collection actions) and 1987 c
111 s 7, 1985 c 315 s 5, & 1977 ex.s. c 323 s 27;
(20) RCW 51.16.200 (Payment of tax by employer quitting business--Liability of successor) and 1995 c 160 s 1 & 1986 c 9 s 6;
(21) RCW 51.18.005 (Findings) and 1999 c 7 s 1;
(22) RCW 51.18.010 (Availability -- Rules -- Coverage period) and 1999
c 7 s 2;
(23) RCW 51.18.020 (Entrance criteria) and 1999 c 7 s 3;
(24) RCW 51.18.030 (Sponsoring entities -- New or existing
retrospective rating groups) and 1999 c 7 s 4;
(25) RCW 51.18.040 (Retrospective rating groups -- Industry and
business categories) and 1999 c 7 s 5;
(26) RCW 51.18.050 (Retrospective rating groups -- Probationary
status -- Denial of future enrollment) and 1999 c 7 s 6;
(27) RCW 51.18.060 (Retrospective rating groups -- Department
approval) and 1999 c 7 s 7;
(28) RCW 51.18.900 (Severability -- 1999 c 7) and 1999 c 7 s 10;
(29) RCW 51.36.080 (Payment of fees and medical charges by
department -- Interest -- Cost-effective payment methods -- Audits) and 1998
c 245 s 104, 1993 c 159 s 2, 1987 c 470 s 1, 1985 c 368 s 2, 1985 c 338
s 1, & 1971 ex.s. c 289 s 55;
(30) RCW 51.36.085 (Payment of fees and medical charges by self-insurers -- Interest) and 1993 c 159 s 3 & 1987 c 316 s 4;
(31) RCW 51.36.090 (Review of billings -- Investigation of
unauthorized services) and 1985 c 337 s 3;
(32) RCW 51.36.100 (Audits of health care providers authorized) and
1993 c 515 s 5 & 1986 c 200 s 1;
(33) RCW 51.36.110 (Audits of health care providers -- Powers of
department) and 2004 c 243 s 6, 2004 c 65 s 13, 1994 c 154 s 312, 1993
c 515 s 6, & 1986 c 200 s 2;
(34) RCW 51.36.130 (False, misleading, or deceptive advertising or
representations) and 1997 c 336 s 2;
(35) RCW 51.44.010 (Accident fund) and 1961 c 23 s 51.44.010;
(36) RCW 51.44.020 (Medical aid fund) and 1961 c 23 s 51.44.020;
(37) RCW 51.44.030 (Reserve fund) and 1961 c 23 s 51.44.030;
(38) RCW 51.44.050 (Catastrophe injury account) and 1961 c 23 s
51.44.050;
(39) RCW 51.44.060 (Charge to accident fund for the catastrophe
injury account) and 1972 ex.s. c 43 s 28 & 1961 c 23 s 51.44.060;
(40) RCW 51.28.015 (Injury reporting -- Findings -- Department
educational initiative -- Pilot program, employers to assist workers in
applying for benefits -- Report) and 2006 c 254 s 1 & 2005 c 108 s 1;
(41) RCW 51.32.300 (State employee vocational rehabilitation
coordinator) and 1990 c 204 s 5;
(42) RCW 51.32.350 (Chemically related illness -- Criteria and
procedures for claims -- Claims management) and 1994 c 265 s 1;
(43) RCW 51.32.360 (Chemically related illness -- Centers for
research and clinical assessment) and 1994 c 265 s 3;
(44) RCW 51.32.370 (Chemically related illness -- Research projects--Implementation plan -- Funding -- Deductions from employees' pay) and 1994
c 265 s 4;
(45) RCW 51.48.075 (Information and training on premium liability)
and 2004 c 243 s 5;
(46) RCW 51.48.120 (Notice of assessment for default in payments by
employer -- Issuance -- Service -- Contents) and 1995 c 160 s 5, 1986 c 9 s
10, 1985 c 315 s 6, & 1972 ex.s. c 43 s 32;
(47) RCW 51.48.131 (Notice of assessment for default in payments by
employer -- Appeal) and 1989 c 175 s 120, 1987 c 316 s 3, & 1985 c 315 s
7;
(48) RCW 51.48.140 (Notice of assessment for employer's default in
payments -- When amount becomes final -- Warrant -- Execution -- Garnishment--Fees) and 2001 c 146 s 11, 1989 c 175 s 121, 1985 c 315 s 8, & 1972
ex.s. c 43 s 34;
(49) RCW 51.48.150 (Notice of assessment for employer's default in
payments -- Notice to withhold and deliver property due employer) and
1995 c 160 s 6, 1987 c 442 s 1119, 1986 c 9 s 11, & 1972 ex.s. c 43 s
35;
(50) RCW 51.48.160 (Revocation of certificate of coverage for
failure to pay warrants or taxes) and 1986 c 9 s 13;
(51) RCW 51.48.170 (Emergency assessment and collection of taxes)
and 1986 c 9 s 14;
(52) RCW 51.48.180 (Emergency assessment and collection of taxes--Distraint and sale of property) and 1986 c 9 s 15;
(53) RCW 51.48.190 (Emergency assessment and collection of taxes--Conduct of sale) and 1986 c 9 s 16;
(54) RCW 51.48.200 (Search and seizure of property to satisfy tax
warrant or assessment -- Issuance and execution of search warrant) and
1986 c 9 s 17;
(55) RCW 51.48.210 (Delinquent taxes) and 1987 c 111 s 8 & 1986 c
9 s 18;
(56) RCW 51.48.220 (Order of execution upon property -- Procedure--Sale) and 1986 c 9 s 21;
(57) RCW 51.48.230 (Order of execution upon property -- Enforcement)
and 1986 c 9 s 22;
(58) RCW 51.48.240 (Agents and employees of department not
personally liable -- Conditions) and 1986 c 9 s 23;
(59) RCW 51.48.290 (Written verification by health services
providers) and 1986 c 200 s 7;
(60) RCW 51.52.075 (Appeal from order terminating provider's
authority to provide services -- Department petition for order
immediately suspending provider's eligibility to participate) and 2004
c 259 s 1;
(61) RCW 51.52.150 (Costs on appeals) and 1961 c 23 s 51.52.150;
and
(62) RCW 51.52.800 (Workers' compensation study) and 2008 c 280 s
5.
NEW SECTION. Sec. 130 Sections 8 through 13, 15, 18, 20, and 23
of this act constitute a new chapter in Title
NEW SECTION. Sec. 131 This act takes effect July 1, 2012.