1579-S AMS LAB S5511.1

SHB 1579 - S COMM AMD

By Committee on Labor & Commerce

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 51.48 RCW to read as follows:

    (1) It is unlawful for any employer, employer representative, or any person to:

    (a) Induce or coerce a worker or beneficiary to not report an industrial accident or file an application for benefits;

    (b) Induce or coerce a worker or beneficiary to treat an industrial accident as an off-the-job injury; or

    (c) Induce or coerce a worker's physician to inappropriately release the worker to return to work.

    (2) The director shall cause an investigation to be made following the filing of a written complaint by an employee that alleges a violation of this section.  An order, conforming with the requirements of RCW 51.52.050 and determining whether a violation has occurred, must be issued within sixty days of the filing of the complaint.

    (3) Employees of the department are immune from complaints under this section for any acts or omissions while in the performance of their duties.

    Sec. 2.  RCW 51.48.080 and 1985 c 347 s 7 are each amended to read as follows:

    Every person, firm, or corporation who violates or fails to obey, observe, or comply with any section of this title or any rule of the department ((promulgated)) adopted under authority of this title, shall be subject to a penalty of not to exceed ((five hundred)) one thousand dollars for each offense upon order of the director.  In any complaint filed by the worker or beneficiary alleging a violation of section 1 of this act, the penalty shall accrue for the benefit of the worker or beneficiary and shall be paid to the worker or beneficiary with the benefits that may be assessed under this title.

    Sec. 3.  RCW 51.28.050 and 1984 c 159 s 1 are each amended to read as follows:

Except as provided in RCW 51.28.055, no application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued((, except as provided in RCW 51.28.055)).  However, if failure to file an application or take action to enforce an otherwise enforceable claim within the one-year limit results from an act prohibited under section 1 of this act, an application shall be valid or claim under the application enforceable if filed within two years after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued."

SHB 1579 - S COMM AMD

By Committee on Labor & Commerce

    On page 1, line 1 of the title, after "insurance;" strike the remainder of the title and insert "amending RCW 51.48.080 and 51.28.050; and adding a new section to chapter 51.48 RCW."

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