HOUSE BILL REPORT

SSB 6411

BYSenate Committee on Economic Development and Labor (originally sponsored by Senators Smith, Smitherman, Anderson, Deccio, Zimmerman, Lee, Craswell, West, Saling, Cantu and Johnson)

Providing for replacement of lost temporary total disability payments.

House Committe on Commerce & Labor

Majority Report:  Do pass with amendments.  (11)

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

House Staff:Chris Cordes (786-7117)

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR FEBRUARY 24, 1988

BACKGROUND:

If temporary disability payments are payable to an injured worker, the worker is entitled to receive the first compensation payment within 14 days after receipt of the claim by the department.  Payments must then continue at two week intervals during the applicable payment period.  However, if the worker does not receive a payment, there are no statutory procedures for replacing a missing or lost check.

SUMMARY:

BILL AS AMENDED:  If a claimant does not receive a temporary disability payment within 7 days of the payment being mailed, the claimant may notify the Department of Labor and Industries or self insurer that the payment is lost. The notification must include an affidavit that acknowledges the penalties for fraud.  The department or self-insurer is required to mail a duplicate payment within 7 days of receiving the affidavit.  Claimants must return any duplicate payments that are received by the claimant to the department or self-insurer, in accordance with rules adopted by the department.

AMENDED BILL COMPARED TO SUBSTITUTE:  Under the amended bill, the same procedures for replacing lost benefit payments apply to both the Department of Labor and Industries and self-insured employers.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Senator Linda Smith, prime sponsor.

(Neutral):  Brett Buckley, Department of Labor and Industries.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    It may take the Department of Labor and Industries up to 30 days to replace lost checks under current procedures. Injured workers are unable to wait that long for replacement checks.

(Neutral):  The department is implementing procedures similar to those required by the bill.