HOUSE BILL REPORT

EHB 1343

BYRepresentatives Jones, Patrick, R. King, Sayan, Leonard, Cole, Wolfe, Wang, Winsley and Walker

Establishing procedures for determining jurisdiction in disputed industrial insurance claims and providing for benefits.

House Committe on Commerce & Labor

Majority Report:  Do pass with amendments.  (10)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, Prentice, Smith, Walker and Wolfe.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE JANUARY 10, 1990

BACKGROUND:

If a worker suffers a repeat injury (or illness) following an original injury, there may be a question whether the second occurrence is a new injury or merely an aggravation of the previous injury.  Identifying the responsible employer may depend on the determination.  The authority of the Department of Labor and Industries to make the determination is unclear, especially if the determination raises a dispute over claim responsibility between self-insured employers and/or the department.

SUMMARY:

In an industrial insurance claim, if a question arises whether to reopen an accepted claim or to allow a new injury claim, the Department of Labor and Industries is responsible for making the order.  Pending the department's order, either the department or the self-insured employer, as determined by the department, must pay industrial insurance benefits to the claimant.  Benefits must be paid at the lesser of the two applicable benefit amounts.  Benefits must be repaid by the entity finally determined to be responsible for the claim, or by the claimant if no entity is responsible for the claim.  The director may waive repayment by the claimant if recovery would be against equity and good conscience.  During any appeal of the department's determination, benefits would be continued.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Representative Evan Jones, prime sponsor; Melanie Stewart-Gerla and Lee Eberle, Washington Self-Insurer's Association (with concerns); Jeff Johnson, Washington Labor Council; Wayne Lieb, Washington State Trial Lawyers Association; Bob McCallister and Jody Moran, Department of Labor and Industries; and Clif Finch, Association of Washington Business (with concerns).

House Committee - Testified Against:      No one.

House Committee - Testimony For:    A procedure is needed to resolve disputes between employers over claim responsibility.  The injured worker should not be left without benefits during a jurisdictional dispute.

House Committee - Testimony Against:      None.

VOTE ON FINAL PASSAGE:

      Yeas 96; Excused 2.

Excused:    Representatives Bristow and Schoon