3139-S2.E AMS KOHL NICH 075

E2SHB 3139 - S AMD 295

   By    Senators Kohl-Welles, Holmquist, and Murray

ADOPTED 3/07/2008

   Strike everything after the enacting clause and insert the following:

   "NEW SECTION. Sec. 1. A new section is added to chapter 51.52 RCW to read as follows:

   (1) The department shall study appeals of workers' compensation cases and collect information concerning the impacts on employees and employers of a requirement that employers pay workers' compensation benefits pending an employer appeal. The study shall consider the types of benefits that may be paid pending an appeal, and shall include, but not be limited to:

   (a) The issues, frequency, and outcomes of appeals;

   (b) The duration of appeals;

   (c) The number of cases that may be affected by the payment of benefits pending an appeal and the potential for overpayments; and

   (d) The processes used and efforts made to recoup overpayments and the results of those efforts.

    (2) State fund and self-insured employers shall provide the information requested by the department to conduct the study.

   (3) The department shall report to the workers' compensation advisory committee and the appropriate committees of the legislature by December 1, 2008, on the results of the study. By December 31, 2008, the workers' compensation advisory committee shall provide its recommendations for addressing payment of benefits pending employer appeals, any procedural or process changes that may be considered by the board to expedite the appeals process, the need for a permanent funding source to reimburse employer and state fund overpayment costs, and the method to fund such a source if needed."

E2SHB 3139 - S AMD 295

   By    Senators Kohl-Welles, Holmquist, and Murray

ADOPTED 3/07/2008

   On page 1, line 1 of the title, after "appeal;" strike the remainder of the title and insert "and creating a new section."

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EFFECT: