AN ACT Relating to workers' compensation; amending RCW 51.32.080, 51.28.050, and 51.28.055; adding new sections to chapter 51.28 RCW; and prescribing penalties.

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

Sec. 1. Section 51.32.080, chapter 23, Laws of 1961 as last amended by section 2, chapter 58, Laws of 1986 and RCW 51.32.080 are each amended to read as follows:

(1) For the permanent partial disabilities here specifically described, the injured worker shall receive compensation as follows:

LOSS BY AMPUTATION

@i2!tp1Of leg above the knee joint with short thigh stump (3" or less below the tuberosity of ischium)!w× !tr!sc ,14

!ae0!tr$54,000.00

@i2Of leg at or above knee joint with functional stump!w× !tr!sc ,14

!ae0!tr48,600.00

@i2Of leg below knee joint!w× !tr!sc ,14

!ae0!tr43,200.00

@i2Of leg at ankle (Syme)!w× !tr!sc ,14

!ae0!tr37,800.00

@i2Of foot at mid-metatarsals!w× !tr!sc ,14

!ae0!tr18,900.00

@i2Of great toe with resection of metatarsal bone!w× !tr!sc ,14

!ae0!tr11,340.00

@i2Of great toe at metatarsophalangeal joint!w× !tr!sc ,14

!ae0!tr6,804.00

@i2Of great toe at interphalangeal joint!w× !tr!sc ,14

!ae0!tr3,600.00

@i2Of lesser toe (2nd to 5th) with resection of metatarsal bone!w× !tr!sc ,14

!ae0!tr4,140.00

@i2Of lesser toe at metatarsophalangeal joint!w× !tr!sc ,14

!ae0!tr2,016.00

@i2Of lesser toe at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr1,494.00

@i2Of lesser toe at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr378.00

@i2Of arm at or above the deltoid insertion or by disarticulation at the shoulder!w× !tr!sc ,14

!ae0!tr54,000.00

@i2Of arm at any point from below the deltoid insertion to below the elbow joint at the insertion of the biceps tendon!w× !tr!sc ,14

!ae0!tr51,300.00

@i2Of arm at any point from below the elbow joint distal to the insertion of the biceps tendon to and including mid-metacarpal amputation of the hand!w× !tr!sc ,14

!ae0!tr48,600.00

@i2Of all fingers except the thumb at metacarpophalangeal joints!w× !tr!sc ,14

!ae0!tr29,160.00

@i2Of thumb at metacarpophalangeal joint or with resection of carpometacarpal bone!w× !tr!sc ,14

!ae0!tr19,440.00

@i2Of thumb at interphalangeal joint!w× !tr!sc ,14

!ae0!tr9,720.00

@i2Of index finger at metacarpophalangeal joint or with resection of metacarpal bone!w× !tr!sc ,14

!ae0!tr12,150.00

@i2Of index finger at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr9,720.00

@i2Of index finger at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr5,346.00

@i2Of middle finger at metacarpophalangeal joint or with resection of metacarpal bone!w× !tr!sc ,14

!ae0!tr9,720.00

@i2Of middle finger at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr7,776.00

@i2Of middle finger at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr4,374.00

@i2Of ring finger at metacarpophalangeal joint or with resection of metacarpal bone!w× !tr!sc ,14

!ae0!tr4,860.00

@i2Of ring finger at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr3,888.00

@i2Of ring finger at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr2,430.00

@i2Of little finger at metacarpophalangeal joint or with resection of metacarpal bone!w× !tr!sc ,14

!ae0!tr2,430.00

@i2Of little finger at proximal interphalangeal joint!w× !tr!sc ,14

!ae0!tr1,944.00

@i2Of little finger at distal interphalangeal joint!w× !tr!sc ,14

!ae0!tr972.00

MISCELLANEOUS

@i2Loss of one eye by enucleation!w× !tr!sc ,14

!ae0!tr21,600.00

@i2Loss of central visual acuity in one eye!w× !tr!sc ,14

!ae0!tr18,000.00

@i2Complete loss of hearing in both ears!w× !tr!sc ,14

!ae0!tr43,200.00

@i2Complete loss of hearing in one ear!w× !tr!sc ,14

!ae0!tr7,200.00!te

(2) Compensation for amputation of a member or part thereof at a site other than those above specified, and for loss of central visual acuity and loss of hearing other than complete, shall be in proportion to that which such other amputation or partial loss of visual acuity or hearing most closely resembles and approximates. Compensation for any other permanent partial disability not involving amputation shall be in the proportion which the extent of such other disability, called unspecified disability, shall bear to that above specified, which most closely resembles and approximates in degree of disability such other disability, compensation for any other unspecified permanent partial disability shall be in an amount as measured and compared to total bodily impairment: PROVIDED, That in order to reduce litigation and establish more certainty and uniformity in the rating of unspecified permanent partial disabilities, the department shall enact rules having the force of law classifying such disabilities in the proportion which the department shall determine such disabilities reasonably bear to total bodily impairment. In enacting such rules, the department shall ((~~give consideration to, but need not necessarily~~)) substantially adopt((,)) any nationally recognized medical standards or guides for determining various bodily impairments. For purposes of calculating monetary benefits, the amount payable for total bodily impairment shall be deemed to be ninety thousand dollars: PROVIDED, That ((compensation for unspecified permanent partial disabilities involving injuries to the back that do not have marked objective clinical findings to substantiate the disability shall be determined at an amount equal to seventy-five percent of the monetary value of such disability as related to total bodily impairment: PROVIDED FURTHER, That)) the total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed the sum of ninety thousand dollars((, except that the total compensation for all unspecified permanent partial disabilities involving injuries to the back that do not have marked objective clinical findings to substantiate the disability and resulting from the same injury shall not exceed the sum of sixty-seven thousand five hundred dollars)): PROVIDED FURTHER, That in case permanent partial disability compensation is followed by permanent total disability compensation, any portion of the permanent partial disability compensation which exceeds the amount that would have been paid the injured worker if permanent total disability compensation had been paid in the first instance, shall be deducted from the pension reserve of such injured worker and his or her monthly compensation payments shall be reduced accordingly.

(3) Should a worker receive an injury to a member or part of his or her body already, from whatever cause, permanently partially disabled, resulting in the amputation thereof or in an aggravation or increase in such permanent partial disability but not resulting in the permanent total disability of such worker, his or her compensation for such partial disability shall be adjudged with regard to the previous disability of the injured member or part and the degree or extent of the aggravation or increase of disability thereof.

(4) When the compensation provided for in subsections (1) and (2) exceeds three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, payment shall be made in monthly payments in accordance with the schedule of temporary total disability payments set forth in RCW 51.32.090 until such compensation is paid to the injured worker in full, except that the first monthly payment shall be in an amount equal to three times the average monthly wage in the state as computed under the provisions of RCW 51.08.018, and interest shall be paid at the rate of eight percent on the unpaid balance of such compensation commencing with the second monthly payment: PROVIDED, That upon application of the injured worker or survivor the monthly payment may be converted, in whole or in part, into a lump sum payment, in which event the monthly payment shall cease in whole or in part. Such conversion may be made only upon written application of the injured worker or survivor to the department and shall rest in the discretion of the department depending upon the merits of each individual application: PROVIDED FURTHER, That upon death of a worker all unpaid installments accrued shall be paid according to the payment schedule established prior to the death of the worker to the widow or widower, or if there is no widow or widower surviving, to the dependent children of such claimant, and if there are no such dependent children, then to such other dependents as defined by this title.

Sec. 2. Section 51.28.050, chapter 23, Laws of 1961 as amended by section 1, chapter 159, Laws of 1984 and RCW 51.28.050 are each amended to read as follows:

No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued, except as provided in RCW 51.28.055 and section 4 of this 1988 act.

Sec. 3. Section 51.28.055, chapter 23, Laws of 1961 as last amended by section 2, chapter 159, Laws of 1984 and RCW 51.28.055 are each amended to read as follows:

Except as provided in section 4 of this 1988 act, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician: (1) Of the existence of his or her occupational disease, and (2) that a claim for disability benefits may be filed. The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim. The physician shall file the notice with the department. The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured. However, a claim is valid if it is filed within two years from the date of death of the worker suffering from an occupational disease.

NEW SECTION. Sec. 4. A new section is added to chapter 51.28 RCW to read as follows:

If the department or an employer under this title has actual knowledge of an industrial injury or occupational condition, the statutes of limitation under RCW 51.28.050 and 51.28.055 do not apply to applications and claims filed relating to such injury or occupational condition.

NEW SECTION. Sec. 5. A new section is added to chapter 51.28 RCW to read as follows:

All contacts of employees made on behalf of employers concerning applications or claims under this title shall be made by the employer or an employee of the employer. Each violation of this section shall subject the employer to a fine of five hundred dollars.