H-1677              _______________________________________________

                                                    HOUSE BILL NO. 958

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives L. Smith, Patrick, Walker, Amondson, Brough, Basich, Zellinsky, Rasmussen, Haugen, B. Williams, Ferguson, Moyer and Winsley

Read first time 2/18/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to workers' compensation payments; and amending RCW 51.32.210

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

        Sec. 1.  Section 26, chapter 43, Laws of 1972 ex. sess. as amended by section 55, chapter 350, Laws of 1977 ex. sess. and RCW 51.32.210 are each amended to read as follows:

(1) Claims of injured workers of employers who have secured the payment of compensation by insuring with the department shall be promptly acted upon by the department.  Where temporary disability compensation is payable, the first payment thereof shall be mailed within fourteen days after receipt of the claim at the department's offices in Olympia and shall continue at regular semimonthly intervals.  If, after seven days from the date of mailing, the claimant has not received the initial payment, the claimant may notify the department of the lost payment.  Such notification shall consist of a signed and notarized affidavit of lost payment which shall include a statement of acknowledgement of the penalties for fraud.  After receipt of such affidavit, the department shall deliver or mail a duplicate payment to the claimant within seven days.  Such payment shall include a statement on the reverse side which describes the penalties for fraud and requires the claimant to be aware of these provisions before endorsing the payment.  Any payment received for which a duplicate payment was issued shall be returned by the claimant to the department in accordance with procedures established by the department.

(2) The payment of benefits under this section or any other benefits under this title, prior to the entry of an order by the department in accordance with RCW 51.52.050 as now or hereafter amended, shall be not considered a binding determination of the obligations of the department under this title.  The acceptance of compensation by the worker or his or her beneficiaries prior to such order shall likewise not be considered a binding determination of their rights under this title.