WSR 15-09-118
[Filed April 21, 2015, 10:00 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-05-061.
Title of Rule and Other Identifying Information: WAC 296-20-1103 Travel expense.
Hearing Location(s): Department of Labor and Industries (L&I), Rooms S118 and S119, 7273 Linderson Way S.W., Tumwater, WA 98501, on June 2, 2015, at 1:00 p.m.
Date of Intended Adoption: June 30, 2015.
Submit Written Comments to: Laurinda Grytness, P.O. Box 44329, Olympia, WA 98504-4329, e-mail, fax (360) 902-5035, by June 3, 2015, at 5:00 p.m.
Assistance for Persons with Disabilities: Contact office of information and assistance by May 20, 2015, TTY (360) 902-5797 or (360) 902-4226.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule amendment will affect workers participating in a vocational retraining plan. The existing rule excludes workers in vocational retraining from receiving reimbursement for the first fifteen miles of an authorized one-way trip and the first and last fifteen miles of an authorized round trip. The proposed amendment will allow workers who are actively participating in a vocational retraining plan to receive reimbursement for travel associated with the retraining without a reduction of mileage.
Reasons Supporting Proposal: In response to a petition for rule making, L&I is proposing to amend the travel expense rule, WAC 296-20-1103, to align with RCW 51.32.099 (3)(e) regarding the reimbursement of the cost of transportation for a worker who is actively participating in a retraining plan.
Statutory Authority for Adoption: RCW 51.04.020, 51.04.030.
Statute Being Implemented: RCW 51.32.099 (3)(e).
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: L&I, governmental.
Name of Agency Personnel Responsible for Drafting: Laurinda Grytness, Tumwater, Washington, (360) 902-6362; Implementation: Mike Ratko, Tumwater, Washington, (360) 902-6369; and Enforcement: Victoria Kennedy, Tumwater, Washington, (360) 902-4997.
No small business economic impact statement has been prepared under chapter 19.85 RCW. WAC 296-20-1103 is an interpretive rule and incorporates state statute; therefore chapter 19.85 RCW does not apply to this rule.
A cost-benefit analysis is not required under RCW 34.05.328. WAC 296-20-1103 is an interpretive rule and not a significant legislative rule under RCW 34.05.328 so no cost-benefit analysis is required.
April 21, 2015
Joel Sacks
AMENDATORY SECTION (Amending WSR 10-15-105, filed 7/20/10, effective 9/1/10)
WAC 296-20-1103 Travel expense.
(1) The department or self-insurer will reimburse travel expense incurred by workers for ((the following reasons)):
(((1))) (a) Examinations at department's or self-insurer's request;
(((2))) (b) Approved vocational retraining or vocational services at department's or self-insurer's request;
(((3))) (c) Fitting of prosthetic device; ((and
(4))) (d) Upon prior authorization for treatment ((or vocational retraining)) when worker must travel more than fifteen miles one-way from the worker's home to the nearest point of adequate treatment ((or vocational retraining)). Travel expense is not payable when adequate treatment is available within fifteen miles of injured worker's home, yet the injured worker prefers to report to an attending provider outside the worker's home area.
(2) Under subsection((s (3) and (4))) (1)(c) and (d) of this section, when travel expense is authorized the first fifteen miles one-way are not payable. The first and last fifteen miles are not payable on an authorized round trip.
(3) Travel expenses will be reimbursed at the current department rate.
(4) Receipts are required for all expenses except parking expenses under ten dollars.
(5) Claims for reimbursement of travel expenses must be received by the department or self-insurer within one year after the date expenses are incurred. Refer to WAC 296-20-125 and to department policy for additional rules.