SSB 5915 -
By Senators Kohl-Welles, Clements, Honeyford
PULLED 03/10/2007
On page 2, after line 3, insert the following:
"Sec. 3 RCW 51.28.020 and 2005 c 108 s 3 are each amended to read
as follows:
(1)(a) Where a worker is entitled to compensation under this title
he or she shall file with the department or his or her ((self-insured))
employer((, as the case may be,)) his or her application for such,
together with the certificate of the physician who attended him or her.
An application form developed by the department shall include a notice
specifying the worker's right to receive health services from a
physician of the worker's choice under RCW 51.36.010, including
chiropractic services under RCW 51.36.015, and listing the types of
providers authorized to provide these services.
(b) The worker's employer or the physician who attended the injured
worker, as the case may be, shall inform the injured worker of his or
her rights under this title and lend all necessary assistance in making
this application for compensation and such proof of other matters as
required by the rules of the department without charge to the worker.
The department shall provide physicians and employers with a manual
which outlines the procedures to be followed in applications for
compensation involving occupational diseases, and which describes
claimants' rights and responsibilities related to occupational disease
claims.
(2) If the application required by this section is:
(a) Filed on behalf of the worker by the employer or physician who
attended the worker, the employer or physician may transmit the
application to the department electronically using facsimile mail;
(b) Filed on behalf of the worker by the physician who attended the
worker, the worker shall give his or her employer notice of the claim
within ten days of the worker's visit to the physician;
(c) Made to the department ((and)), the worker shall give his or
her employer notice of the claim within ten days of the filing. If the
employer has not received a copy of the application, the department
shall immediately send a copy of the application to the employer; or
(((c))) (d) Made to ((a self-insured)) an employer, the employer
shall forthwith send a copy of the application to the department.
(3) The department shall develop forms to assist the worker in
expediently notifying his or her employer of a claim."
SSB 5915 -
By Senators Kohl-Welles, Clements, Honeyford
PULLED 03/10/2007
On page 1, line 2 of the title, after "employers;" insert "amending RCW 51.28.020;"
EFFECT: Requires employees to notify their employers if the employee seeks medical treatment from a physician and the physician files an application for workers' compensation with the Department of Labor and Industries on behalf of the worker.