SENATE BILL REPORT

SB 6728

BYSenator Anderson

Specifying manner of determining hours normally worked for workers' compensation purposes.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):February 5, 1988

Majority Report:     Do pass as amended.

     Signed by Senators Lee, Chairman; Anderson, Vice Chairman; Conner, Deccio, McMullen, Saling, Smitherman, Warnke, West, Williams.

Senate Staff:Dave Cheal (786-7576)

                February 8, 1988

AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, FEBRUARY 5, 1988

BACKGROUND:

Total temporary disability benefits for injured workers are calculated on the basis of a percentage of gross wages at the time of injury.  The law is quite clear that no averaging of a typical monthly wage is allowed when making this computation.  This principle was recently affirmed by the Board of Industrial Insurance Appeals.  In Re:  Teresa M. Johnson, docket  85329, August 26, 1987.  The board reversed a department order which had calculated the compensation of a seasonal reforestation worker by finding the average monthly wage of the 12-month period prior to her injury.  The board held that the statute clearly precluded this method. 

SUMMARY:

In cases where a worker's employment is seasonal, parttime, or intermittent, the monthly wage for workers' compensation purposes shall be determined by dividing the total wages earned in the year prior to injury by 12.

The number of hours a worker is normally employed is to be computed in a fair and reasonable manner which may include averaging.

SUMMARY OF PROPOSED COMMITTEE AMENDMENT:

The number of hours a worker normally worked will be determined by the Department of Labor and Industries in a fair and reasonable manner.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested February 4, 1988

Senate Committee - Testified:   Cliff Finch (for); Bobbie Hanna (for); Brett Buckley (for)