reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.080 - Notice of election or copy of complaint to department or self-insurer—Filing notice.

RCW 51.24.080
Notice of election or copy of complaint to department or self-insurer—Filing notice.
(1) If the injured worker or beneficiary elects to seek damages from the third person, notice of the election must be given to the department or self-insurer. The notice shall be by registered mail, certified mail, or personal service. If an action is filed by the injured worker or beneficiary, a copy of the complaint must be sent by registered mail to the department or self-insurer.
(2) A return showing service of the notice on the department or self-insurer shall be filed with the court but shall not be part of the record except as necessary to give notice to the defendant of the lien imposed by RCW 51.24.060(2).
[ 1977 ex.s. c 85 § 6.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.090 - Compromise or settlement less than benefits.

RCW 51.24.090
Compromise or settlement less than benefits.
(1) Any compromise or settlement of the third party cause of action by the injured worker or beneficiary which results in less than the entitlement under this title is void unless made with the written approval of the department or self-insurer. For a state fund claim, the department shall provide reasonable ongoing notice to the employer of the status of any compromise or settlement negotiations between the injured worker or beneficiary and the department, for the employer's information. For a state fund claim, notice to the employer is not required if the costs of the claim or claims are no longer included in the calculation of the employer's experience factor used to determine premiums; or if the employer cannot be located, is no longer in business, or requests that they not receive ongoing notice after the department provides timely notice of the settlement process to the employer. For the purposes of this chapter, "entitlement" means benefits and compensation paid and estimated by the department to be paid in the future.
(2) If a compromise or settlement is void because of subsection (1) of this section, the department or self-insurer may petition the court in which the action was filed for an order assigning the cause of action to the department or self-insurer. If an action has not been filed, the department or self-insurer may proceed as provided in chapter 7.24 RCW.
[ 2017 c 145 § 1; 1995 c 199 § 5; 1984 c 218 § 7; 1977 ex.s. c 85 § 7.]
NOTES:
Severability—1995 c 199: See note following RCW 51.12.120.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.100 - Right to compensation not pleadable or admissible—Challenge to right to bring action.

RCW 51.24.100
Right to compensation not pleadable or admissible—Challenge to right to bring action.
The fact that the injured worker or beneficiary is entitled to compensation under this title shall not be pleaded or admissible in evidence in any third party action under this chapter. Any challenge of the right to bring such action shall be made by supplemental pleadings only and shall be decided by the court as a matter of law.
[ 1977 ex.s. c 85 § 8.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.110 - Assigned cases—Special assistant attorneys general.

RCW 51.24.110
Assigned cases—Special assistant attorneys general.
(1) Actions against third persons that are assigned by the claimant to the department, voluntarily or by operation of law in accordance with chapter 51.24 RCW, may be prosecuted by special assistant attorneys general.
(2) The attorney general shall select special assistant attorneys general from a list compiled by the department and the Washington state bar association. The attorney general, in conjunction with the department and the Washington state bar association, shall promulgate rules and regulations outlining the criteria and the procedure by which private attorneys may have their names placed on the list of attorneys available for appointment as special assistant attorneys general to litigate third party actions under subsection (1) of this section.
[ 1984 c 218 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.120 - Rules.

RCW 51.24.120
Rules.
The department may adopt, amend, and rescind under chapter 34.05 RCW such rules as may be necessary to the administration of this chapter.
[ 1984 c 218 § 8.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.900 - Application—1977 ex.s. c 85.

RCW 51.24.900
Application—1977 ex.s. c 85.
This 1977 amendatory act shall apply only to causes of action which arise on or after its effective date.
[ 1977 ex.s. c 85 § 9.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.24 - Actions at Law for Injury or Death. › 51.24.902 - Application—1984 c 218.

RCW 51.24.902
Application—1984 c 218.
This act applies to all causes of action against third persons in which judgment or settlement of the underlying action has not taken place before June 7, 1984.
[ 1984 c 218 § 9.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.28 - Notice and Report of Accident—Application for Compensation. › 51.28.030 - Beneficiaries' application for compensation—Notification of rights.

RCW 51.28.030
Beneficiaries' application for compensation—Notification of rights. (Effective until July 1, 2025.)
Where death results from injury the parties entitled to compensation under this title, or someone in their behalf, shall make application for the same to the department or self-insurer as the case may be, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this title, certificates of attending physician or licensed advanced registered nurse practitioner, if any, and such proof as required by the rules of the department.
Upon receipt of notice of accident under RCW 51.28.010, the director shall immediately forward to the party or parties required to make application for compensation under this section, notification, in nontechnical language, of their rights under this title.
[ 2004 c 65 § 6; 1972 ex.s. c 43 § 17; 1971 ex.s. c 289 § 6; 1961 c 23 § 51.28.030. Prior: 1927 c 310 § 6, part; 1921 c 182 § 7, part; 1911 c 74 § 12, part; RRS § 7686, part.]
NOTES:
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Where death results from injury the parties entitled to compensation under this title, or someone in their behalf, shall make application for the same to the department or self-insurer as the case may be, which application must be accompanied with proof of death and proof of relationship showing the parties to be entitled to compensation under this title, certificates of attending provider, if any, and such proof as required by the rules of the department.
Upon receipt of notice of accident under RCW 51.28.010, the director shall immediately forward to the party or parties required to make application for compensation under this section, notification, in nontechnical language, of their rights under this title.
[ 2023 c 171 § 5; 2004 c 65 § 6; 1972 ex.s. c 43 § 17; 1971 ex.s. c 289 § 6; 1961 c 23 § 51.28.030. Prior: 1927 c 310 § 6, part; 1921 c 182 § 7, part; 1911 c 74 § 12, part; RRS § 7686, part.]
NOTES:
Effective date—Retroactive application—2023 c 171: See note following RCW 51.04.050.
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.28 - Notice and Report of Accident—Application for Compensation. › 51.28.040 - Application for change in compensation.

RCW 51.28.040
Application for change in compensation.
(1)(a) If change of circumstances warrants an increase or rearrangement of compensation, like application shall be made therefor. Where the application has been granted, compensation and other benefits if in order shall be allowed for periods of time up to 60 days prior to the receipt of such application, except as provided in (b) of this subsection.
(b) Compensation and other benefits under (a) of this subsection shall be allowed for periods of time beyond 60 days, up to and including the time period covering the change of circumstances warranting an increase or rearrangement of compensation or other benefits, subject to a maximum of 120 days prior to the receipt of the application, where:
(i) The application was not received by the department or self-insurer within 60 days of the provision of medical services made necessary by the change in circumstances, due to a failure of the treating provider to timely complete or submit the provider information section of the application; and
(ii) The worker demonstrates that the worker information section of the application was completed and submitted via certified mail or electronic verification of receipt to the department, self-insurer, or the treating provider within 30 days of the provision of medical services made necessary by the change in circumstances.
(2) Any forms provided by the department or self-insurer as the application to reopen a claim under subsection (1)(a) of this section, must:
(a) Encourage the worker to submit the form to the treating provider within 30 days of the provision of any medical services made necessary by the change in circumstances; and
(b) Provide notice to both the worker and the medical provider that the application must be received by the department or self-insurer within 60 days of the provision of any medical services made necessary by the change in circumstances.
[ 2022 c 269 § 1; 1977 ex.s. c 199 § 1; 1961 c 23 § 51.28.040. Prior: 1927 c 310 § 6, part; 1921 c 182 § 7, part; 1911 c 74 § 12, part; RRS § 7686, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.28 - Notice and Report of Accident—Application for Compensation. › 51.28.050 - Time limitation for filing application or enforcing claim for injury.

RCW 51.28.050
Time limitation for filing application or enforcing claim for injury.
No application shall be valid or claim thereunder enforceable unless filed within one year after the day upon which the injury occurred or the rights of dependents or beneficiaries accrued, except as provided in RCW 51.28.055 and 51.28.025(5).
[ 2007 c 77 § 3; 1984 c 159 § 1; 1961 c 23 § 51.28.050. Prior: 1927 c 310 § 6, part; 1921 c 182 § 7, part; 1911 c 74 § 12, part; RRS § 7686, part.]
NOTES:
Implementation—2007 c 77: See note following RCW 51.28.010.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.28 - Notice and Report of Accident—Application for Compensation. › 51.28.055 - Time limitation for filing claim for occupational disease—Notice—Hearing loss claims—Rules.

RCW 51.28.055
Time limitation for filing claim for occupational disease—Notice—Hearing loss claims—Rules.
(1) Except as provided in subsection (2) of this section for claims filed for occupational hearing loss, claims for occupational disease or infection to be valid and compensable must be filed within two years following the date the worker had written notice from a physician or a licensed advanced registered nurse practitioner: (a) Of the existence of his or her occupational disease, and (b) that a claim for disability benefits may be filed. The notice shall also contain a statement that the worker has two years from the date of the notice to file a claim. The physician or licensed advanced registered nurse practitioner shall file the notice with the department. The department shall send a copy to the worker and to the self-insurer if the worker's employer is self-insured. However, a claim is valid if it is filed within two years from the date of death of the worker suffering from an occupational disease.
(2)(a) Except as provided in (b) of this subsection, to be valid and compensable, claims for hearing loss due to occupational noise exposure must be filed within two years of the date of the worker's last injurious exposure to occupational noise in employment covered under this title or within one year of September 10, 2003, whichever is later.
(b) A claim for hearing loss due to occupational noise exposure that is not timely filed under (a) of this subsection can only be allowed for medical aid benefits under chapter 51.36 RCW.
(3) The department may adopt rules to implement this section.
[ 2004 c 65 § 7; 2003 2nd sp.s. c 2 § 1; 1984 c 159 § 2; 1977 ex.s. c 350 § 34; 1961 c 23 § 51.28.055. Prior: 1959 c 308 § 18; prior: 1957 c 70 § 16, part; 1951 c 236 § 1, part.]
NOTES:
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.28 - Notice and Report of Accident—Application for Compensation. › 51.28.060 - Proof of dependency.

RCW 51.28.060
Proof of dependency.
A dependent shall at all times furnish the department with proof satisfactory to the director of the nature, amount, and extent of the contribution made by the deceased worker.
Proof of dependency by any beneficiary residing without the United States shall be made before the nearest United States consul or consular agency, under the seal of such consul or consular agent, and the department may cause any payments to which such beneficiary is entitled to be transmitted to the beneficiary through the nearest United States consul or consular agent.
[ 2013 c 125 § 5; 1977 ex.s. c 350 § 35; 1961 c 23 § 51.28.060. Prior: 1957 c 70 § 25; prior: (i) 1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part; 1911 c 74 § 3, part; RRS § 7675, part. (ii) 1947 c 56 § 1, part; 1927 c 310 § 7, part; 1923 c 136 § 4, part; 1921 c 182 § 6, part; 1919 c 131 § 6, part; 1911 c 74 § 10, part; Rem. Supp. 1947 § 7684, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.28 - Notice and Report of Accident—Application for Compensation. › 51.28.070 - Claim files and records confidential.

RCW 51.28.070
Claim files and records confidential.
(1) Information contained in the claim files and records of injured workers, under the provisions of this title, shall be deemed confidential and shall not be open to public inspection (other than to public employees in the performance of their official duties), but representatives of a claimant, be it an individual or an organization, may review a claim file or receive specific information therefrom upon the presentation of the signed authorization of the claimant.
(2) A claimant may review his or her claim file if the director determines, pursuant to criteria adopted by rule, that the review is in the claimant's interest.
(3)(a) Employers or their duly authorized representatives may review any files of their own injured workers in connection with any pending claims.
(b) If the employer or the employer's duly authorized representative reveals information in a claim file regarding a mental health condition or treatment to any person other than a duly authorized representative, the employer is subject to a civil penalty of one thousand dollars for each occurrence. The department must investigate a complaint and must issue a notice of assessment if it determines that the employer or the employer's duly authorized representative violated this subsection. The determination may be protested to the department or appealed to the board of industrial insurance appeals. Once the order is final, the amount due shall be collected in accordance with RCW 51.48.140 and 51.48.150 and deposited in the supplemental pension fund.
(4) The department shall ensure that employers and workers are notified upon the allowance of a claim of their rights and responsibilities under this section.
(5) Physicians treating or examining workers claiming benefits under this title, or physicians giving medical advice to the department regarding any claim may, at the discretion of the department, inspect the claim files and records of injured workers, and other persons may make such inspection, at the department's discretion, when such persons are rendering assistance to the department at any stage of the proceedings on any matter pertaining to the administration of this title.
[ 2019 c 34 § 1; 1990 c 209 § 2; 1977 ex.s. c 350 § 36; 1975 1st ex.s. c 224 § 6; 1961 c 23 § 51.28.070. Prior: 1957 c 70 § 51.]
NOTES:
Effective date—1975 1st ex.s. c 224: See note following RCW 51.04.110.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.28 - Notice and Report of Accident—Application for Compensation. › 51.28.080 - Determination of compensation for temporary total disability—Notification of employer.

RCW 51.28.080
Determination of compensation for temporary total disability—Notification of employer.
(1) An employer shall be promptly notified by the department when:
(a) The department has received an application for compensation under this title. If the employer is a state fund employer, the department shall instruct the employer to submit a report of accident form and provide a telephone number for assistance in the reporting process; and
(b) It has determined that a worker of that employer is entitled to compensation under RCW 51.32.090.
(2) Notification shall include, in nontechnical language, an explanation of the employer's rights under this title.
[ 2005 c 108 § 4; 1985 c 338 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.28 - Notice and Report of Accident—Application for Compensation. › 51.28.090 - Notification of availability of basic health plan.

RCW 51.28.090
Notification of availability of basic health plan.
The director shall notify persons receiving time-loss payments under this chapter of the availability of basic health care coverage to qualified enrollees under chapter 70.47 RCW, unless the Washington basic health plan administrator has notified the director of closure of enrollment in the plan. The director shall maintain supplies of Washington basic health plan enrollment application forms in all field service offices where the plan is available, which shall be provided in reasonably necessary quantities by the administrator for the use of persons wishing to apply for enrollment in the Washington basic health plan.
[ 1987 1st ex.s. c 5 § 17.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.28 - Notice and Report of Accident—Application for Compensation. › 51.28.100 - Physician assistant signatures—Documents required by the department.

RCW 51.28.100
Physician assistant signatures—Documents required by the department.
The department shall accept the signature of a physician assistant on any certificate, card, form, or other documentation required by the department that the physician assistant's supervising physician or physicians may sign, provided that it is within the physician assistant's scope of practice, and is consistent with the terms of the physician assistant's practice agreement as required by chapter 18.71A RCW. Consistent with the terms of this section, the authority of a physician assistant to sign such certificates, cards, forms, or other documentation includes, but is not limited to, the execution of the certificate required in RCW 51.28.020. A physician assistant may not rate a worker's permanent partial disability under RCW 51.32.055.
[ 2020 c 80 § 39; 2007 c 263 § 1.]
NOTES:
Effective date—2020 c 80 §§ 12-59: See note following RCW 7.68.030.
Intent—2020 c 80: See note following RCW 18.71A.010.
Report to legislature—2007 c 263: "By December 1, 2008, the department of labor and industries shall report to the legislature on implementation of this act, including but not limited to the effects of this act on injured worker outcomes, claim costs, and disputed claims." [ 2007 c 263 § 2.]
Effective date—2007 c 263: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007." [ 2007 c 263 § 3.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.010 - Who entitled to compensation.

RCW 51.32.010
Who entitled to compensation.
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 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.
[ 1977 ex.s. c 350 § 37; 1975 1st ex.s. c 224 § 7; 1971 ex.s. c 289 § 40; 1961 c 23 § 51.32.010. Prior: 1957 c 70 § 26; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
NOTES:
Effective date—1975 1st ex.s. c 224: See note following RCW 51.04.110.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.015 - Time and place of coverage—Lunch period.

RCW 51.32.015
Time and place of coverage—Lunch period.
The benefits of Title 51 RCW shall be provided to each worker receiving an injury, as defined therein, during the course of his or her employment and also during his or her lunch period as established by the employer while on the jobsite. The jobsite shall consist of the premises as are occupied, used or contracted for by the employer for the business or work process in which the employer is then engaged: PROVIDED, That if a worker by reason of his or her employment leaves such jobsite under the direction, control or request of the employer and if such worker is injured during his or her lunch period while so away from the jobsite, the worker shall receive the benefits as provided herein: AND PROVIDED FURTHER, That the employer need not consider the lunch period in his or her payroll for the purpose of reporting to the department unless the worker is actually paid for such period of time.
[ 1977 ex.s. c 350 § 38; 1971 ex.s. c 289 § 41; 1961 c 107 § 1.]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.020 - Who not entitled to compensation.

RCW 51.32.020
Who not entitled to compensation.
If injury or death results to a worker from the deliberate intention of the worker himself or herself to produce such injury or death, or while the worker is engaged in the attempt to commit, or the commission of, a felony, neither the worker nor the widow, widower, child, or dependent of the worker shall receive any payment under this title.
If injury or death results to a worker from the deliberate intention of a beneficiary of that worker to produce the injury or death, or if injury or death results to a worker as a consequence of a beneficiary of that worker engaging in the attempt to commit, or the commission of, a felony, the beneficiary shall not receive any payment under this title.
An invalid child, while being supported and cared for in a state institution, shall not receive compensation under this chapter.
No payment shall be made to or for a natural child of a deceased worker and, at the same time, as the stepchild of a deceased worker.
[ 1995 c 160 § 2; 1977 ex.s. c 350 § 39; 1971 ex.s. c 289 § 42; 1961 c 23 § 51.32.020. Prior: 1957 c 70 § 27; prior: (i) 1927 c 310 § 5, part; 1919 c 131 § 5, part; 1911 c 74 § 6, part; RRS § 7680, part. (ii) 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
NOTES:
Application—1995 c 160 §§ 2 and 3: "Sections 2 and 3 of this act shall apply from July 23, 1995, without regard to the date of injury or the date of filing a claim." [ 1995 c 160 § 8.]
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.025 - Payments for children cease at age eighteen—Exceptions.

RCW 51.32.025
Payments for children cease at age eighteen—Exceptions.
Any payments to or on account of any child or children of a deceased or temporarily or totally permanently disabled worker pursuant to any of the provisions of chapter 51.32 RCW shall terminate when any such child reaches the age of eighteen years unless such child is a dependent invalid child or is permanently enrolled at a full time course in an accredited school, in which case such payments after age eighteen shall be made directly to such child. Payments to any dependent invalid child over the age of eighteen years shall continue in the amount previously paid on account of such child until he or she shall cease to be dependent. Payments to any child over the age of eighteen years permanently enrolled at a full time course in an accredited school shall continue in the amount previously paid on account of such child until the child reaches an age over that provided for in the definition of "child" in this title or ceases to be permanently enrolled whichever occurs first. Where the worker sustains an injury or dies when any of the worker's children is over the age of eighteen years and is either a dependent invalid child or is a child permanently enrolled at a full time course in an accredited school the payment to or on account of any such child shall be made as herein provided.
[ 2010 c 8 § 14008; 1987 c 185 § 33; 1975 1st ex.s. c 224 § 11.]
NOTES:
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Effective date—1975 1st ex.s. c 224: See note following RCW 51.04.110.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.030 - When compensation payable to employer or member of corporate employer.

RCW 51.32.030
When compensation payable to employer or member of corporate employer.
Any sole proprietor, partner, or joint venturer who has requested coverage under this title and who shall thereafter be injured or sustain an occupational disease, shall be entitled to the benefit of this title, as and under the same circumstances and subject to the same obligations as a worker: PROVIDED, That no such person or the beneficiaries thereof shall be entitled to benefits under this title unless the department has received notice in writing of such request on such forms as the department may provide prior to the date of the injury or occupational disease as the result of which claims are made: PROVIDED, That the department shall have the power to cancel the personal coverage of any such person if any required payments or reports have not been made.
[ 1980 c 14 § 8. Prior: 1977 ex.s. c 350 § 40; 1977 ex.s. c 323 § 14; 1961 c 23 § 51.32.030; prior: 1957 c 70 § 28; prior: 1939 c 41 § 2, part; 1929 c 132 § 1, part; 1927 c 310 § 2, part; 1921 c 182 § 2, part; 1919 c 131 § 2, part; 1917 c 120 § 1, part; 1911 c 74 § 3, part; RRS § 7675, part.]
NOTES:
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.045 - Direct deposit or electronic payment of benefits.

RCW 51.32.045
Direct deposit or electronic payment of benefits.
Any worker or other recipient of benefits under this title may elect to have any payments due paid by debit card or other electronic means or transferred to such person's account in a financial institution for either: (1) Credit to the recipient's account in such financial institution; or (2) immediate transfer therefrom to the recipient's account in any other financial institution. The debit card or other electronic means payment option is available at the discretion of the department or self-insured employer, and the recipient must request in writing on a department-approved form or other department-approved method that the recipient's payments be made through this payment option.
A single payment may be drawn in favor of such financial institution, for the total amount due the recipients involved, and written directions provided to such financial institution of the amount to be credited to the account of a recipient or to be transferred to an account in another financial institution for such recipient. The issuance and delivery by the disbursing officer of a payment in accordance with the procedure set forth in this section and proper indorsement thereof by the financial institution shall have the same legal effect as payment directly to the recipient.
For the purposes of this section, "financial institution" shall have the meaning given in RCW 41.04.240 as now or hereafter amended.
[ 2013 c 125 § 7; 1982 c 109 § 11.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.067 - Permanent total disability—Death benefit options—Election.

RCW 51.32.067
Permanent total disability—Death benefit options—Election.
(1) After a worker elects one of the options in (a), (b), or (c) of this subsection, that option shall apply only if the worker dies during a period of permanent total disability from a cause unrelated to the injury, leaving a surviving spouse, child, children, or other dependent. If, after making an election under this subsection, a worker dies from a cause related to the injury during a period of permanent total disability, his or her beneficiaries shall receive benefits under RCW 51.32.050 (2) through (5).
(a) Option I. An injured worker selecting this option shall receive the benefits provided by RCW 51.32.060, with no benefits being paid to the worker's surviving spouse, children, or others.
(b) Option II. An injured worker selecting this option shall receive an actuarially reduced benefit which upon death shall be continued throughout the life of and paid to the surviving spouse, child, or other dependent as the worker has nominated by written designation duly executed and filed with the department.
(c) Option III. An injured worker selecting this option shall receive an actuarially reduced benefit and, upon death, one-half of the reduced benefit shall be continued throughout the life of and paid to the surviving spouse, child, or other dependent as the worker has nominated by written designation duly executed and filed with the department.
(2) The worker shall make the election in writing and the worker's spouse, if any, shall consent in writing as a prerequisite to the election of Option I.
(3) If the worker's nominated beneficiary is the worker's spouse, and the worker and spouse enter into a dissolution of marriage after the nomination has been made, the worker may apply to receive benefits as calculated under Option I. This change is effective the date of the decree of dissolution of marriage, but no more than one year prior to the date application for the change is received in the department, provided the worker submits legally certified documentation of the decree of dissolution of marriage.
(4) If the worker's nominated beneficiary dies, the worker may apply to receive benefits as calculated under Option I. This change is effective the date of death, but no more than one year prior to the date application for the change is received in the department, provided the worker submits a certified copy of the death certificate.
(5) The change in benefits authorized by subsections (3) and (4) of this section is a one-time adjustment and will be permanent for the life of the worker.
(6) The department shall adopt such rules as may be necessary to implement this section.
[ 2006 c 154 § 1; 1986 c 58 § 4.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.073 - Additional payments for prior pensioners—Premium liability of worker and employer for additional payments.

RCW 51.32.073
Additional payments for prior pensioners—Premium liability of worker and employer for additional payments.
(1) Except as provided in subsection (2) of this section, each employer shall retain from the earnings of each worker that amount as shall be fixed from time to time by the director, the basis for measuring said amount to be determined by the director. The money so retained shall be matched in an equal amount by each employer, and all such moneys shall be remitted to the department in such manner and at such intervals as the department directs and shall be placed in the supplemental pension fund: PROVIDED, That the state apprenticeship council shall pay the entire amount into the supplemental pension fund for registered apprentices or trainees during their participation in supplemental and related instruction classes. The moneys so collected shall be used exclusively for the additional payments from the supplemental pension fund prescribed in this title and for the amount of any increase payable under the provisions of RCW 51.32.075, as now or hereafter amended, and shall be no more than necessary to make such payments on a current basis. The department may require a self-insurer to make any additional payments which are payable from the supplemental pension fund and thereafter such self-insurer shall be reimbursed therefrom.
(2) None of the amount assessed for the supplemental pension fund under RCW 51.16.210 may be retained from the earnings of workers covered under RCW 51.16.210.
[ 1989 c 385 § 4; 1980 c 14 § 9. Prior: 1977 ex.s. c 350 § 45; 1977 ex.s. c 323 § 15; 1977 ex.s. c 202 § 1; 1975-'76 2nd ex.s. c 19 § 1; prior: 1975 1st ex.s. c 286 § 1; 1975 1st ex.s. c 224 § 10; 1973 c 110 § 3; 1972 ex.s. c 43 § 24; 1971 ex.s. c 289 § 17.]
NOTES:
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.
Effective date—1975 1st ex.s. c 224: See note following RCW 51.04.110.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.098 - Vocational rehabilitation services—Applicability.

RCW 51.32.098
Vocational rehabilitation services—Applicability.
Nothing in RCW 51.32.095 or in the repeal of chapter 51.41 RCW by section 5, chapter 339, Laws of 1985 shall be construed as prohibiting the completion of vocational rehabilitation plans approved under this title prior to May 16, 1985. Injured workers referred for vocational rehabilitation services under this title, but for whom vocational rehabilitation plans have not been approved by the department under this title before May 16, 1985, may only be provided vocational rehabilitation services, if applicable, by the department according to the provisions of RCW 51.32.095.
[ 1985 c 339 § 4.]
NOTES:
Legislative finding—Severability—1985 c 339: See notes following RCW 51.32.095.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.100 - Preexisting disease.

RCW 51.32.100
Preexisting disease.
If it is determined that an injured worker had, at the time of his or her injury, a preexisting disease and that such disease delays or prevents complete recovery from such injury, it shall be ascertained, as nearly as possible, the period over which the injury would have caused disability were it not for the diseased condition and the extent of permanent partial disability which the injury would have caused were it not for the disease, and compensation shall be awarded only therefor.
[ 1977 ex.s. c 350 § 49; 1971 ex.s. c 289 § 44; 1961 c 23 § 51.32.100. Prior: 1957 c 70 § 34; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.112 - Medical examination—Standards and criteria—Special examinations by chiropractors—Compensation guidelines and reporting criteria.

RCW 51.32.112
Medical examination—Standards and criteria—Special examinations by chiropractors—Compensation guidelines and reporting criteria.
(1) The department shall develop standards for the conduct of special medical examinations to determine permanent disabilities, including, but not limited to:
(a) The qualifications of persons conducting the examinations;
(b) The criteria for conducting the examinations, including guidelines for the appropriate treatment of injured workers during the examination; and
(c) The content of examination reports.
(2) Within the appropriate scope of practice, chiropractors licensed under chapter 18.25 RCW may conduct special medical examinations to determine permanent disabilities in consultation with physicians licensed under chapter 18.57 or 18.71 RCW. The department, in its discretion, may request that a special medical examination be conducted by a single chiropractor if the department determines that the sole issues involved in the examination are within the scope of practice under chapter 18.25 RCW. However, nothing in this section authorizes the use as evidence before the board of a chiropractor's determination of the extent of a worker's permanent disability if the determination is not requested by the department.
(3) The department shall investigate the amount of examination fees received by persons conducting special medical examinations to determine permanent disabilities, including total compensation received for examinations of department and self-insured claimants, and establish compensation guidelines and compensation reporting criteria.
(4) The department shall investigate the level of compliance of self-insurers with the requirement of full reporting of claims information to the department, particularly with respect to medical examinations, and develop effective enforcement procedures or recommendations for legislation if needed.
[ 1993 c 515 § 4; 1988 c 114 § 2.]
NOTES:
Intent—1988 c 114: "It is the intent of the legislature that medical examinations for determining permanent disabilities be conducted fairly and objectively by qualified examiners and with respect for the dignity of the injured worker." [ 1988 c 114 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.114 - Medical examination—Department to monitor quality and objectivity.

RCW 51.32.114
Medical examination—Department to monitor quality and objectivity.
The department shall examine the credentials of persons conducting special medical examinations and shall monitor the quality and objectivity of examinations and reports for the department and self-insured claimants. The department shall adopt rules to ensure that examinations are performed only by qualified persons meeting department standards.
[ 1988 c 114 § 3.]
NOTES:
Intent—1988 c 114: See note following RCW 51.32.112.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.120 - Further accident after lump sum payment.

RCW 51.32.120
Further accident after lump sum payment.
Should a further accident occur to a worker who has been previously the recipient of a lump sum payment under this title, his or her future compensation shall be adjusted according to the other provisions of this chapter and with regard to the combined effect of his or her injuries and his or her past receipt of money under this title.
[ 1977 ex.s. c 350 § 51; 1961 c 23 § 51.32.120. Prior: 1957 c 70 § 35; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.130 - Lump sum for death or permanent total disability.

RCW 51.32.130
Lump sum for death or permanent total disability.
In case of death or permanent total disability, the monthly payment provided may be converted, in whole or in part, into a lump sum payment, not in any case to exceed eight thousand five hundred dollars, equal or proportionate, as the case may be, to the value of the annuity then remaining, to be fixed and certified by the state insurance commissioner, in which event the monthly payments shall cease in whole or in part accordingly or proportionately. Such conversion may be made only upon written application (in case of minor children the application may be by either parent) to the department and shall rest in the discretion of the department. Within the rule aforesaid the amount and value of the lump sum payment may be agreed upon between the department and applicant. In the event any payment shall be due to an alien residing in a foreign country, the department may settle the same by making a lump sum payment in such amount as may be agreed to by such alien, not to exceed fifty percent of the value of the annuity then remaining.
Nothing herein shall preclude the department from making, and authority is hereby given it to make, on its own motion, lump sum payments equal or proportionate, as the case may be, to the value of the annuity then remaining, in full satisfaction of claims due to dependents.
[ 1961 c 23 § 51.32.130. Prior: 1957 c 70 § 45; prior: 1941 c 209 § 2; 1929 c 132 § 3; 1927 c 310 § 6(i); 1917 c 29 § 22; 1911 c 74 § 7; Rem. Supp. 1941 § 7681.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.135 - Closing of claim in pension cases—Consent of spouse.

RCW 51.32.135
Closing of claim in pension cases—Consent of spouse.
In pension cases when a worker or beneficiary closes his or her claim by full conversion to a lump sum or in any other manner as provided in RCW 51.32.130 and 51.32.150, such action shall be conclusive and effective to bar any subsequent application or claim relative thereto by the worker or any beneficiary which would otherwise exist had such person not elected to close the claim: PROVIDED, The director may require the spouse of such worker to consent in writing as a prerequisite to conversion and/or the closing of such claim.
[ 1977 ex.s. c 350 § 52; 1973 1st ex.s. c 154 § 98; 1961 c 23 § 51.32.135. Prior: 1953 c 143 § 1.]
NOTES:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.140 - Nonresident alien beneficiary.

RCW 51.32.140
Nonresident alien beneficiary.
Except as otherwise provided by treaty or this title, whenever compensation is payable to a beneficiary who is an alien not residing in the United States, the department or self-insurer, as the case may be, shall pay the compensation to which a resident beneficiary is entitled under this title. But if a nonresident alien beneficiary is a citizen of a government having a compensation law which excludes citizens of the United States, either resident or nonresident, from partaking of the benefit of such law in as favorable a degree as herein extended to nonresident aliens, he or she shall receive no compensation. No payment shall be made to any beneficiary residing in any country with which the United States does not maintain diplomatic relations when such payment is due.
[ 1997 c 325 § 5; 1971 ex.s. c 289 § 45; 1961 c 23 § 51.32.140. Prior: 1957 c 70 § 36; prior: 1947 c 56 § 1, part; 1927 c 310 § 7, part; 1923 c 136 § 4, part; 1921 c 182 § 6, part; 1919 c 131 § 6, part; 1911 c 74 § 10, part; Rem. Supp. 1947 § 7684, part.]
NOTES:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.150 - Lump sum to beneficiary outside state.

RCW 51.32.150
Lump sum to beneficiary outside state.
If a beneficiary shall reside or move out of the state, the department may, with the written consent of the beneficiary, convert any monthly payments provided for such cases into a lump sum payment (not in any case to exceed the value of the annuity then remaining, to be fixed and certified by the state insurance commissioner, but in no case to exceed the sum provided in RCW 51.32.130 as now or hereafter amended).
[ 1977 ex.s. c 323 § 18; 1961 c 23 § 51.32.150. Prior: 1959 c 308 § 5; 1957 c 70 § 37; prior: 1949 c 219 § 1, part; 1947 c 246 § 1, part; 1929 c 132 § 2, part; 1927 c 310 § 4, part; 1923 c 136 § 2, part; 1919 c 131 § 4, part; 1917 c 28 § 1, part; 1913 c 148 § 1, part; 1911 c 74 § 5, part; Rem. Supp. 1949 § 7679, part.]
NOTES:
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.