H-0648.1  _______________________________________________

                          HOUSE BILL 1342

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State of Washington      56th Legislature     1999 Regular Session

By Representatives Benson, DeBolt, D. Sommers and McMorris

Read first time 01/21/1999.  Referred to Committee on Commerce & Labor.

Reducing the time periods for filing industrial insurance claims.

    AN ACT Relating to time periods for filing industrial insurance claims; amending RCW 51.28.050 and 51.28.055; and creating a new section.

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

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

    No application shall be valid or claim thereunder enforceable unless filed within ((one year)) one hundred eighty days after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued, except as provided in RCW 51.28.055.

    Sec. 2.  RCW 51.28.055 and 1984 c 159 s 2 are each amended to read as follows:

    Claims for occupational disease or infection to be valid and compensable must be filed within ((two)) one year((s)) following the date the worker had written notice from a physician:  (1) Of the existence of his or her occupational disease, and (2) that a claim for disability benefits may be filed.  The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim.  The physician shall file the notice with the department.  The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured.  However, a claim is valid if it is filed within ((two)) one year((s)) from the date of death of the worker suffering from an occupational disease.

NEW SECTION. Sec. 3.  This act applies only to claims for injuries occurring, or occupational diseases contracted, on or after the effective date of this act.

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