HOUSE BILL REPORT

HB 1452

BYRepresentatives O'Brien, Patrick, R. King, Sayan, Leonard, Cole, Heavey and Vekich

Providing for notice of temporary total disability to the employment security department.

House Committe on Commerce & Labor

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, Prentice, Smith, Walker and Wolfe.

House Staff:Chris Cordes (786-7117)

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR FEBRUARY 8, 1989

BACKGROUND:

An injured worker who has received temporary total disability payments under industrial insurance for 13 weeks or more can apply for a special base year computation when the worker files for unemployment compensation benefits in the future.  The special base year allows the worker to use the hours worked prior to his or her injury in determining eligibility for unemployment compensation.  To be eligible for the special computation, the Employment Security Department must be notified in writing within 26 weeks after the week in which the worker's disability began.

SUMMARY:

SUBSTITUTE BILL:  The Department of Labor and Industries must give notice to the Employment Security Department when an injured worker has received temporary total disability payments for 13 consecutive weeks.  The notice must comply with the requirements of the unemployment compensation temporary total disability program.  The Department of Labor and Industries may adopt rules establishing reporting requirements for self-insured employers to carry out the purposes of the notice provisions.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The number of weeks of temporary disability that triggers the reporting requirement is changed from 12 to 13 weeks to conform with the current unemployment compensation statute.  The notice must be sent within 10 working days, instead of five days.

It is clarified that the Department of Labor and Industries will notify the Employment Security Department for all workers.  The Department of Labor and Industries may adopt rules establishing reporting requirements for self-insurers to enable the department to comply with the notice provisions.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Jeff Johnson, Washington State Labor Council; Bob McCallister and Jody Moran, Department of Labor and Industries;  Lee Eberle (with concerns).

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Department of Labor and Industries already notifies the Employment Security Department when workers are on more than 12 weeks of time-loss payments.  It would be equitable to ensure that all workers, including the workers of self-insurer employers, benefit from the notice procedure.

House Committee - Testimony Against:      None Presented.