BILL REQ. #:  H-1736.1 

READ FIRST TIME 02/22/13.   

     AN ACT Relating to the rate of compensation for occupational diseases; and amending RCW 51.32.180.

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

Sec. 1   RCW 51.32.180 and 1988 c 161 s 5 are each amended to read as follows:
     (1) Every worker who suffers disability from an occupational disease in the course of employment under the mandatory or elective adoption provisions of this title, or his or her family and dependents in case of death of the worker from such disease or infection, shall receive the same compensation benefits and medical, surgical and hospital care and treatment as would be paid and provided for a worker injured or killed in employment under this title, except as follows: (a) (([(1)])) This section and RCW 51.16.040 shall not apply where the last exposure to the hazards of the disease or infection occurred prior to January 1, 1937; and (b) (([(2)])) for claims filed on or after July 1, 1988, the rate of compensation for occupational diseases shall be established as of the date the disease requires medical treatment or becomes totally or partially disabling, whichever occurs first, and without regard to the date of the contraction of the disease or the date of filing the claim, except as provided in subsection (2) of this section.
     (2)(a) At the first day the worker is entitled to benefits under RCW 51.32.090 for an occupational disease meeting the criteria of this subsection, the rate of compensation must be established based on whichever of the following would result in a greater benefit to the worker:
     (i) The wages the worker was receiving at the date of disease manifestation, as determined by the department and taking into consideration adjustments under RCW 51.32.075; or
     (ii) The wages the worker was receiving at the time the occupational disease prevented the worker from continuing to work, regardless of when the disease first manifested or required medical treatment and taking into consideration adjustments under RCW 51.32.075 subsequent to the date the occupational disease first prevented the worker from continuing to work.
     (b) This subsection applies to workers who, in the course of employment, have contracted an occupational disease that is known to be terminal. To allow for maximum stakeholder input, the department must adopt rules defining when an occupational disease is "known to be terminal."     
     (c) This subsection applies to claims filed on or after the effective date of this section.