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HOUSE BILL 2302
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Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002
Regular Session
By
Read first time 01/14/2002. Referred to
Committee on Commerce & Labor.
Modifying certain
application methods for unemployment insurance.
AN ACT Relating to
application methods for unemployment insurance temporary total disability
determinations; and amending RCW 50.06.030.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 50.06.030 and 1993 c
483 s 5 are each amended to read as follows:
(1) In the case of
individuals eligible under RCW 50.06.020(1), an application for initial
determination made pursuant to this chapter, to be considered timely, must be
filed in ((writing with the employment security department)) accordance
with RCW 50.20.140 within twenty-six weeks following the week in which the
period of temporary total disability commenced. Notice from the department of
labor and industries shall satisfy this requirement. The records of the agency
supervising the award of compensation shall be conclusive evidence of the fact
of temporary disability and the beginning date of such disability.
(2) In the case of
individuals eligible under RCW 50.06.020(2), an application for initial
determination must be filed in ((writing with the employment security
department)) accordance with RCW 50.20.140 within twenty-six weeks
following the week in which the period of temporary total physical disability
commenced. This filing requirement is satisfied by filing a signed statement
from the attending physician stating the date that the disability commenced and
stating that the individual was unable to reenter the work force during the
time of the disability. The department may examine any medical information
related to the disability. If the claim is appealed, a base year employer may
examine the medical information related to the disability and require, at the
employer's expense, that the individual obtain the opinion of a second health
care provider selected by the employer concerning any information related to
the disability.
(3) The employment
security department shall process and issue an initial determination of
entitlement or nonentitlement as the case may be.
(4) For the purpose of
this chapter, a special base year is established for an individual consisting
of either the first four of the last five completed calendar quarters or the
last four completed calendar quarters immediately prior to the first day of the
calendar week in which the individual's temporary total disability commenced,
and a special individual benefit year is established consisting of the entire
period of disability and a fifty-two consecutive week period commencing with
the first day of the calendar week immediately following the week or part
thereof with respect to which the individual received his final temporary total
disability compensation under the applicable industrial insurance or crime
victims compensation laws, or the week in which the individual reentered the
work force after an absence under subsection (2) of this section, as
applicable, except that no special benefit year shall have a duration in excess
of three hundred twelve calendar weeks: PROVIDED HOWEVER, That such special
benefit year will not be established unless the criteria contained in RCW
50.04.030 has been met, except that an individual meeting the eligibility
requirements of this chapter and who has an unexpired benefit year established
which would overlap the special benefit year provided by this chapter,
notwithstanding the provisions in RCW 50.04.030 relating to the establishment
of a subsequent benefit year and RCW 50.40.010 relating to waiver of rights,
may elect to establish a special benefit year under this chapter: PROVIDED
FURTHER, that the unexpired benefit year shall be terminated with the beginning
of the special benefit year if the individual elects to establish such special
benefit year.
(5) For
the purposes of establishing a benefit year, the department shall initially use
the first four of the last five completed calendar quarters as the base year.
If a benefit year is not established using the first four of the last five
calendar quarters as the base year, the department shall use the last four
completed calendar quarters as the base year.
