EXPEDITED RULES
LABOR AND INDUSTRIES
Title of Rule and Other Identifying Information: Chapter 296-16 WAC, Employer -- Worker reemployment incentives.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Carmen Moore, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4208, e-mail moog235@lni.wa.gov, fax (360) 902-4202 , AND RECEIVED BY July 18, 2005.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These proposed rules were developed based on comments received during the public hearing for rules previously promulgated and codified. See WSR 05-01-105. These rules will:
| • | Define the employer of record, |
| • | Clarify who the employer of record is in occupational disease claims, and |
| • | Clarify how the department will handle certification for preferred workers with multiple claims. |
Reasons Supporting Proposal: Agency customers will better understand benefits available under the program, and the department will be able to more consistently and fairly respond to requests for preferred worker program benefits.
Statutory Authority for Adoption: RCW 51.04.010, 51.04.020, and 51.16.120.
Statute Being Implemented: RCW 51.16.120.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of Labor and Industries, governmental.
Name of Agency Personnel Responsible for Drafting: Valerie Grimm, Tumwater, Washington, (360) 902-5005; Implementation: Sandra Dziedzic, State Fund, Tumwater, Washington, (360) 902-4300 and Jean Vanek, Self-insurance, Olympia, Washington, (360) 902-6907; and Enforcement: Robert Malooly, Tumwater, Washington, (360) 902-4209.
May 17, 2005
Judy Schurke
Acting Director
OTS-7741.1
NEW SECTION
WAC 296-16-112
For purposes of the "preferred worker"
program, who is the "employer of record"?
When "preferred
worker" certification is considered under a claim, the
employer of record is any employer determined as responsible
for all or part of that claim's costs in the department's
final order establishing:
(1) Claim allowance, for injury claims; and
(2) Claim liability, for occupational disease claims.
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(1) If the worker still has "preferred worker" certification time remaining from a previous claim, and also applies for "preferred worker" certification under a subsequent claim, the department will not grant the worker additional certification. In order to seek employment as a certified "preferred worker," the worker must use the certification time remaining from the previous claim.
(2) If the worker received "preferred worker" certification under a prior claim, and the thirty-six months of that certification has ended, the worker may be eligible for "preferred worker" certification under a subsequent or new open claim.
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