H-1059              _______________________________________________

                                                   HOUSE BILL NO. 1015

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Sayan, R. King, McMullen, Jacobsen, Lux, Brekke and Day

Read first time 2/19/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to industrial insurance compensation and medical aid for workers who have an asbestos-related disability; and adding a new section to chapter 51.12 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 51.12 RCW to read as follows:

          (1) The department shall furnish any worker who may have a right or claim for personal injuries or death under the maritime laws of the United States or other jurisdiction with the appropriate benefits as provided under this title if:

          (a) There are marked objective clinical findings to substantiate a claim that the worker has an asbestos-related disability; and

          (b) The worker's employment history indicates the probability of exposure to asbestos fibers while employed in the state of Washington by a self-insurer or an employer insured by the state fund.

          (2) If the department determines that the benefits paid under subsection (1) of this section are actually owed to the worker by another insurer under the maritime laws of the United States or other jurisdiction:

          (a) The department shall pursue the insurer on behalf of the worker to recover the benefits due the worker and on its own behalf to recover from the insurer the benefits the department had previously paid to the worker; and

          (b) For the purpose of pursuing this recovery from the insurer, the department shall be subrogated to all of the rights of the worker receiving such compensation; and

          (c) The department shall not pursue the recovery of benefits previously paid under subsection (1) of this section from the worker.