BP BHEAD INT S

AN ACT Relating to limitations on industrial insurance permanent total disability compensation; and amending RCW 51.32.060.

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

Sec. 1. RCW 51.32.060 and 1993 c 521 s 2 are each amended to read as follows:

(1) When the supervisor of industrial insurance shall determine that permanent total disability results from the injury, the worker shall receive monthly during the period of such disability:

(a) If married at the time of injury, sixty‑five percent of his or her wages but not less than two hundred fifteen dollars per month.

(b) If married with one child at the time of injury, sixty‑seven percent of his or her wages but not less than two hundred fifty‑two dollars per month.

(c) If married with two children at the time of injury, sixty‑nine percent of his or her wages but not less than two hundred eighty‑three dollars.

(d) If married with three children at the time of injury, seventy‑one percent of his or her wages but not less than three hundred six dollars per month.

(e) If married with four children at the time of injury, seventy‑ three percent of his or her wages but not less than three hundred twenty‑nine dollars per month.

(f) If married with five or more children at the time of injury, seventy-five percent of his or her wages but not less than three hundred fifty‑two dollars per month.

(g) If unmarried at the time of the injury, sixty percent of his or her wages but not less than one hundred eighty‑five dollars per month.

(h) If unmarried with one child at the time of injury, sixty‑two percent of his or her wages but not less than two hundred twenty‑two dollars per month.

(i) If unmarried with two children at the time of injury, sixty‑ four percent of his or her wages but not less than two hundred fifty‑three dollars per month.

(j) If unmarried with three children at the time of injury, sixty‑six percent of his or her wages but not less than two hundred seventy‑six dollars per month.

(k) If unmarried with four children at the time of injury, sixty‑eight percent of his or her wages but not less than two hundred ninety‑nine dollars per month.

(l) If unmarried with five or more children at the time of injury, seventy percent of his or her wages but not less than three hundred twenty‑two dollars per month.

(2) For any period of time where both husband and wife are entitled to compensation as temporarily or totally disabled workers, only that spouse having the higher wages of the two shall be entitled to claim their child or children for compensation purposes.

(3) In case of permanent total disability, if the character of the injury is such as to render the worker so physically helpless as to require the hiring of the services of an attendant, the department shall make monthly payments to such attendant for such services as long as such requirement continues, but such payments shall not obtain or be operative while the worker is receiving care under or pursuant to the provisions of chapter 51.36 RCW and RCW 51.04.105.

(4) Should any further accident result in the permanent total disability of an injured worker, he or she shall receive the pension to which he or she would be entitled, notwithstanding the payment of a lump sum for his or her prior injury.

(5) In no event shall the monthly payments provided in this section exceed the applicable percentage of the average monthly wage in the state as computed under the provisions of RCW 51.08.018 as follows:

AFTER PERCENTAGE

June 30, 1993 105%

June 30, 1994 110%

June 30, 1995 ((~~115%~~)) 110%

June 30, 1996 ((~~120%~~)) 110%

The limitations under this subsection shall not apply to the payments provided for in subsection (3) of this section.

(6) In the case of new or reopened claims, if the supervisor of industrial insurance determines that, at the time of filing or reopening, the worker is voluntarily retired and is no longer attached to the work force, benefits shall not be paid under this section.

(7) The benefits provided by this section are subject to modification under RCW 51.32.067.