AN ACT Relating to hearing loss due to occupational noise exposure, but only with respect to requiring claim filing within two years after retirement, requiring consideration of emerging hearing device technologies, and establishing permanent partial disability compensation at seventy-five percent of the monetary value of such disability; amending RCW 51.28.055, 51.36.020, and 51.32.080; and creating a new section.

Sec. 1   RCW 51.28.055 and 1984 c 159 s 2 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician: ((~~(1)~~)) (a) Of the existence of his or her occupational disease, and ((~~(2)~~)) (b) 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 years from the date of death of the worker suffering from an occupational disease.
     (2)(a) To be valid and compensable, claims for hearing loss due to occupational noise exposure must be filed within the earlier of the following:
     (i) The time limits specified in subsection (1) of this section; or
     (ii) The later of two years after the date that the worker retires or one year after the effective date of this section. A worker is deemed retired when he or she no longer receives income, salary, or wages from any employment that is regular, continuous, and gainful.
     (b) A claim for hearing loss due to occupational noise exposure that is not timely filed under (a) of this subsection may be allowed only for medical aid benefits under chapter 51.36 RCW.
     (3) For purposes of this section, hearing loss is due to occupational noise exposure when the hearing loss results from prolonged exposure to injurious noise in employment. A part of such exposure may not be construed to be a sudden and tangible traumatic happening for purposes of RCW 51.28.050.
     (4) The department may adopt rules to implement this section.

Sec. 2   RCW 51.36.020 and 1999 c 395 s 1 are each amended to read as follows:
     (1) When the injury to any worker is so serious as to require his or her being taken from the place of injury to a place of treatment, his or her employer shall, at the expense of the medical aid fund, or self-insurer, as the case may be, furnish transportation to the nearest place of proper treatment.
     (2) Every worker whose injury results in the loss of one or more limbs or eyes shall be provided with proper artificial substitutes and every worker, who suffers an injury to an eye producing an error of refraction, shall be once provided proper and properly equipped lenses to correct such error of refraction and his or her disability rating shall be based upon the loss of sight before correction.
     (3) Every worker whose accident results in damage to or destruction of an artificial limb, eye, or tooth, shall have same repaired or replaced.
     (4) Every worker whose hearing aid or eyeglasses or lenses are damaged, destroyed, or lost as a result of an industrial accident shall have the same restored or replaced. The department or self-insurer shall be liable only for the cost of restoring damaged hearing aids or eyeglasses to their condition at the time of the accident.
     (5)(a) All mechanical appliances necessary in the treatment of an injured worker, such as braces, belts, casts, and crutches, shall be provided and all mechanical appliances required as permanent equipment after treatment has been completed shall continue to be provided or replaced without regard to the date of injury or date treatment was completed, notwithstanding any other provision of law.
     (b) The department shall assess the benefits to workers and the costs of emerging technologies in determining which hearing devices are provided to workers under this title. Such new technology shall be made available to workers requiring new or replacement devices as deemed appropriate based on the department's assessment.
     (6) A worker, whose injury is of such short duration as to bring him or her within the time limit provisions of RCW 51.32.090, shall nevertheless receive during the omitted period medical, surgical, and hospital care and service and transportation under the provisions of this chapter.
     (7) Whenever in the sole discretion of the supervisor it is reasonable and necessary to provide residence modifications necessary to meet the needs and requirements of the worker who has sustained catastrophic injury, the department or self-insurer may be ordered to pay an amount not to exceed the state's average annual wage for one year as determined under RCW 50.04.355, as now existing or hereafter amended, toward the cost of such modifications or construction. Such payment shall only be made for the construction or modification of a residence in which the injured worker resides. Only one residence of any worker may be modified or constructed under this subsection, although the supervisor may order more than one payment for any one home, up to the maximum amount permitted by this section.
     (8)(a) Whenever in the sole discretion of the supervisor it is reasonable and necessary to modify a motor vehicle owned by a worker who has become an amputee or becomes paralyzed because of an industrial injury, the supervisor may order up to fifty percent of the state's average annual wage for one year, as determined under RCW 50.04.355, to be paid by the department or self-insurer toward the costs thereof.
     (b) In the sole discretion of the supervisor after his or her review, the amount paid under this subsection may be increased by no more than four thousand dollars by written order of the supervisor.
     (9) The benefits provided by subsections (7) and (8) of this section are available to any otherwise eligible worker regardless of the date of industrial injury.

Sec. 3 RCW 51.32.080 and 1993 c 520 s 1 are each amended to read as follows:
(1)(a) Until July 1, 1993, for the permanent partial disabilities here specifically described, the injured worker shall receive compensation as follows:

LOSS BY AMPUTATION
Of leg above the knee joint with short thigh stump (3" or less below the tuberosity of ischium) . . . . . . . . . . . .	$54,000.00
Of leg at or above knee joint with functional stump . . . . . . . . . . . .	48,600.00
Of leg below knee joint . . . . . . . . . . . .	43,200.00
Of leg at ankle (Syme) . . . . . . . . . . . .	37,800.00
Of foot at mid-metatarsals . . . . . . . . . . . .	18,900.00
Of great toe with resection of metatarsal bone . . . . . . . . . . . .	11,340.00
Of great toe at metatarsophalangeal joint . . . . . . . . . . . .	6,804.00
Of great toe at interphalangeal joint . . . . . . . . . . . .	3,600.00
Of lesser toe (2nd to 5th) with resection of metatarsal bone . . . . . . . . . . . .	4,140.00
Of lesser toe at metatarsophalangeal joint . . . . . . . . . . . .	2,016.00
Of lesser toe at proximal interphalangeal joint . . . . . . . . . . . .	1,494.00
Of lesser toe at distal interphalangeal joint . . . . . . . . . . . .	378.00
Of arm at or above the deltoid insertion or by disarticulation at the shoulder . . . . . . . . . . . .	54,000.00
Of arm at any point from below the deltoid insertion to below the elbow joint at the insertion of the biceps tendon . . . . . . . . . . . .	51,300.00
Of arm at any point from below the elbow joint distal to the insertion of the biceps tendon to and including mid-metacarpal amputation of the hand . . . . . . . . . . . .	48,600.00
Of all fingers except the thumb at metacarpophalangeal joints . . . . . . . . . . . .	29,160.00
Of thumb at metacarpophalangeal joint or with resection of carpometacarpal bone . . . . . . . . . . . .	19,440.00
Of thumb at interphalangeal joint . . . . . . . . . . . .	9,720.00
Of index finger at metacarpophalangeal joint or with resection of metacarpal bone . . . . . . . . . . . .	12,150.00
Of index finger at proximal interphalangeal joint . . . . . . . . . . . .	9,720.00
Of index finger at distal interphalangeal joint . . . . . . . . . . . .	5,346.00
Of middle finger at metacarpophalangeal joint or with resection of metacarpal bone . . . . . . . . . . . .	9,720.00
Of middle finger at proximal interphalangeal joint . . . . . . . . . . . .	7,776.00
Of middle finger at distal interphalangeal joint . . . . . . . . . . . .	4,374.00
Of ring finger at metacarpophalangeal joint or with resection of metacarpal bone . . . . . . . . . . . .	4,860.00
Of ring finger at proximal interphalangeal joint . . . . . . . . . . . .	3,888.00
Of ring finger at distal interphalangeal joint . . . . . . . . . . . .	2,430.00
Of little finger at metacarpophalangeal joint or with resection of metacarpal bone . . . . . . . . . . . .	2,430.00
Of little finger at proximal interphalangeal joint . . . . . . . . . . . .	1,944.00
Of little finger at distal interphalangeal joint . . . . . . . . . . . .	972.00
MISCELLANEOUS
Loss of one eye by enucleation . . . . . . . . . . . .	21,600.00
Loss of central visual acuity in one eye . . . . . . . . . . . .	18,000.00
Complete loss of hearing in both ears . . . . . . . . . . . .	43,200.00
Complete loss of hearing in one ear . . . . . . . . . . . .	7,200.00

NEW SECTION. Sec. 4 Section 1 of this act applies to all claims filed on or after the effective date of this section for hearing loss due to occupational noise exposure regardless of the date of injurious exposure.