SENATE 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

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):March 20, 1989

Senate Staff:David Cheal (786-7576)

AS OF MARCH 17, 1989

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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available