HOUSE BILL REPORT

HB 1015

BYRepresentatives Sayan, R. King, McMullen, Jacobsen, Lux, Brekke and Day

Authorizing industrial insurance benefits for certain asbestos-related disabilities.

House Committe on Commerce & Labor

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (11)

      Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisch, Fisher, R. King, O'Brien, Patrick, Sanders, Sayan, C. Smith and Walker.

House Staff:Linda Sellers (786-7349)

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR MARCH 4, 1987

BACKGROUND:

A number of Washington residents have asbestos-related conditions as a result of work performed for employers covered under Washington's industrial insurance laws or the laws of other jurisdictions.  Jurisdictional disputes often arise in these cases, and no jurisdiction is willing to assume the cost of compensating these workers when there is a jurisdictional controversy.  Washington's industrial insurance laws do not authorize the payment of benefits to workers insured under another jurisdiction.  Financial assistance may not be available for these workers during the time it takes to pursue a claim and to determine which jurisdiction owes benefits.

SUMMARY:

SUBSTITUTE BILL:  The Department of Labor and Industries, and self-insurers certified under Washington law, will pay industrial insurance benefits to a worker or beneficiary who has a claim resulting from an asbestos-related disease, even if such a worker or beneficiary may have a claim under the laws of another jurisdiction. These benefits will be paid only if the worker's employment history indicates exposure to asbestos fibers while working in employment covered under Washington's industrial insurance laws.  In addition, there must be objective clinical findings to substantiate a claim of an asbestos-related condition.

If the department subsequently determines that benefits paid to these workers are actually owed by another insurer, the department will pursue the insurer on behalf of the worker and on its own behalf to recover the benefits the department previously paid.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill directs self-insurers, in addition to the Department of Labor and Industries, to pay benefits for asbestos-related claims and provides that beneficiaries of workers under this act may receive benefits. The standard required to substantiate a claim is changed from "marked objective clinical findings of an asbestos-related disability" to "objective clinical findings of an asbestos-related condition."  In addition, the worker's employment history must indicate "exposure" to asbestos fibers while working in employment covered under Washington state jurisdiction, rather than the "probability of exposure" as in the original bill.

Fiscal Note:      Requested March 4, 1987.

House Committee ‑ Testified For:    Chuck Bailey, Washington State Labor Council; and John Winney, Injured Workers Awareness Committee.

House Committee - Testified Against:      Joe Dear, Department of Labor and Industries.

House Committee - Testimony For:    Workers with asbestos-related diseases need financial assistance and industrial insurance benefits during the time it takes to resolve disputes over which jurisdiction owes benefits.

House Committee - Testimony Against:      In those cases where a claim falls under the jurisdiction of the federal Longshore and Harbor Workers' Compensation Act, the 1984 amendments to the Longshore and Harbor Workers' act may make it impossible for the Department of Labor and Industries to recover for benefits previously paid to a worker.