BILL REQ. #:  S-3501.1 

Read first time 01/17/14.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to injury and occupational disease for purposes of workers' compensation; amending RCW 51.32.010; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that work-related musculoskeletal disorders occur with greater frequency and severity than other forms of industrial injuries and occupational diseases. In particular, the legislature finds that work-related musculoskeletal disorders result in a substantial percentage of permanent impairment and time loss claims.
     The legislature recognizes the importance of ensuring fairness for employers in Washington, and that more needs to be done to ensure fair treatment of employers in the state. The legislature intends to protect employers from incurring costs for musculoskeletal disorders caused primarily by nonwork-related activities. The legislature finds that responsibility to compensate an injured worker should be apportioned to an employer only when the work-related activity is a substantial contributing cause.
     In electing the standard of "substantial contributing cause," the legislature intends to balance the need to compensate injured workers in Washington with the need to create a fair standard of apportionment of responsibility for employers. The legislature intends to bring Washington state into parity with other states that have achieved this level of fairness through adoption of similar standards.

Sec. 2   RCW 51.32.010 and 1977 ex.s. c 350 s 37 are each amended to read as follows:
     (1) Subject to subsection (2) of this section, each worker injured in the course of his or her employment, or his or her family or dependents in case of death of the worker, shall receive compensation in accordance with this chapter, and, except as in this title otherwise provided, such payment shall be in lieu of any and all rights of action whatsoever against any person whomsoever((: PROVIDED, That)).
     (2) No benefits are payable for a musculoskeletal injury or occupational disease unless employment is a substantial contributing cause of the injury or occupational disease. For purposes of this subsection:
     (a) "Musculoskeletal injury or occupational disease" means an injury or disease of the muscles, nerves, tendons, joints, bones, cartilage, or spinal discs.
     (b) "Substantial contributing cause" means at least thirty-five percent of the causation from all causes combined based on a preponderance of medical evidence.
     (3) If an injured worker((,)) or the surviving spouse of an injured worker shall not have the legal custody of a child for, or on account of, whom payments are required to be made under this title, such payment or payments shall be made to the person or persons having the legal custody of such child but only for the periods of time after the department has been notified of the fact of such legal custody, and it shall be the duty of any such person or persons receiving payments because of legal custody of any child immediately to notify the department of any change in such legal custody.

NEW SECTION.  Sec. 3   This act applies to dates of injury and manifestation of occupational disease on or after the effective date of this section.