HOUSE BILL REPORT

SB 6669

BYSenators Lee, McMullen and Murray; by request of Department of Labor and Industries

Revising provisions for industrial insurance coverage of maritime occupations.

House Committe on Commerce & Labor

Majority Report:  Do pass.  (11)

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

House Staff:Chris Cordes (786-7117)

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR FEBRUARY 23, 1990

BACKGROUND:

Washington industrial insurance law does not apply to employers or workers who are covered for workers' personal injuries or death under federal maritime laws.  The industrial insurance law does not specifically exempt from coverage the federal employees who are covered under the Federal Employees' Compensation Act.

SUMMARY:

The industrial insurance law does not apply to employers or workers who are covered for workers' personal injuries or death under the Federal Employees' Compensation Act (FECA).  If benefits are paid under the industrial insurance law before a final determination has been made under FECA, the benefits must be repaid if the worker recovers under FECA.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Mike Watson, Department of Labor and Industries.

House Committee - Testified Against:      Wayne Lieb, Washington State Trial Lawyers Association.

House Committee - Testimony For:    The bill would prevent double recovery by employees who now are allowed to receive workers' compensation benefits under both the state industrial insurance law and the Federal Employees' Compensation Act.

House Committee - Testimony Against:      Double coverage of workers should be prevented, but the bill should incorporate provisions that require the Department of Labor and Industries to share the costs of the injured worker's attorneys' fees when the worker is required to litigate coverage issues.