S-1303               _______________________________________________

                                                   SENATE BILL NO. 5751

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Matson, Anderson, Owen and Smitherman

Read first time 2/6/89 and referred to Committee on  Economic Development & Labor.

AN ACT Relating to industrial insurance; and adding a new section to chapter 51.32 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 51.32 RCW to read as follows:

          (1) When there is a dispute regarding which of two or more employers insured with the department of labor and industries and one or more self-insured employers is responsible for the payment of benefits to an injured worker as provided in Title 51 RCW, the department, employer, or claimant may petition directly to the board of industrial insurance appeals to resolve the dispute.

          (2) Any interested party, at or prior to the first hearing, may request the board to join the department or any other former employer of the claimant as a necessary or proper party, subject to the provisions of Title 51 RCW.  The board of industrial insurance appeals shall immediately join the department or requested employer as a party and cause a copy of the application, together with notice of the time and place of hearing, to be served upon such requested party.  A former employer joined as a party may similarly move in writing to join any other former employers of the claimant, and the board of industrial insurance appeals shall join the employers as parties.  The claimant may be joined as an interested party in any proceedings under this section.  The joined claimant may participate in the proceeding but is not required to do so unless the claimant's entitlement to benefits is at issue in the matter.

          (3) Prior to the determination of who is the responsible party, the board shall direct one of the parties involved to provide any benefits due to the claimant in accordance with Title 51 RCW if there is no issue whether benefits are due to the claimant.  When the board determines which party or parties are responsible for the benefits, the board shall enter an order directing any necessary monetary adjustment or reimbursement between the parties.  The order may be enforced in the same manner as an award for compensation and may be appealed by any party under chapter 51.52 RCW.