_______________________________________________
HOUSE
BILL 2302
_______________________________________________
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.
Passed the House January 28, 2002.
Passed the Senate March 5, 2002.
Approved by the Governor
March 21, 2002.
Filed
in Office of Secretary of State March 21, 2002.
