| Passed by the Senate June 11, 2003 YEAS 25 ________________________________________ President of the Senate Passed by the House June 11, 2003 YEAS 69 ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5271 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/21/2003. Referred to Committee on Commerce & Trade.
AN ACT Relating to claims for hearing loss due to occupational noise exposure; and amending RCW 51.28.055.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 for claims
filed for occupational hearing loss, 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) Except as provided in (b) of this subsection, to be valid
and compensable, claims for hearing loss due to occupational noise
exposure must be filed within two years of the date of the worker's
last injurious exposure to occupational noise in employment covered
under this title or within one year of the effective date of this
section, whichever is later.
(b) A claim for hearing loss due to occupational noise exposure
that is not timely filed under (a) of this subsection can only be
allowed for medical aid benefits under chapter 51.36 RCW.
(3) The department may adopt rules to implement this section.