reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.160 - Aggravation, diminution, or termination.

RCW 51.32.160
Aggravation, diminution, or termination.
(1)(a) If aggravation, diminution, or termination of disability takes place, the director may, upon the application of the beneficiary, made within seven years from the date the first closing order becomes final, or at any time upon his or her own motion, readjust the rate of compensation in accordance with the rules in this section provided for the same, or in a proper case terminate the payment: PROVIDED, That the director may, upon application of the worker made at any time, provide proper and necessary medical and surgical services as authorized under RCW 51.36.010. The department shall promptly mail a copy of the application to the employer at the employer's last known address as shown by the records of the department.
(b) "Closing order" as used in this section means an order based on factors which include medical recommendation, advice, or examination.
(c) Applications for benefits where the claim has been closed without medical recommendation, advice, or examination are not subject to the seven year limitation of this section. The preceding sentence shall not apply to any closing order issued prior to July 1, 1981. First closing orders issued between July 1, 1981, and July 1, 1985, shall, for the purposes of this section only, be deemed issued on July 1, 1985. The time limitation of this section shall be ten years in claims involving loss of vision or function of the eyes.
(d) If an order denying an application to reopen filed on or after July 1, 1988, is not issued within ninety days of receipt of such application by the self-insured employer or the department, such application shall be deemed granted. However, for good cause, the department may extend the time for making the final determination on the application for an additional sixty days.
(2) If a worker receiving a pension for total disability returns to gainful employment for wages, the director may suspend or terminate the rate of compensation established for the disability without producing medical evidence that shows that a diminution of the disability has occurred.
(3) No act done or ordered to be done by the director, or the department prior to the signing and filing in the matter of a written order for such readjustment shall be grounds for such readjustment.
[ 1995 c 253 § 2; 1988 c 161 § 11; 1986 c 59 § 4; 1973 1st ex.s. c 192 § 1; 1961 c 23 § 51.32.160. Prior: 1957 c 70 § 38; prior: 1951 c 115 § 5; 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. › 51.32.180 - Occupational diseases—Limitation.

RCW 51.32.180
Occupational diseases—Limitation.
Every worker who suffers disability from an occupational disease in the course of employment under the mandatory or elective adoption provisions of this title, or his or her family and dependents in case of death of the worker from such disease or infection, shall receive the same compensation benefits and medical, surgical and hospital care and treatment as would be paid and provided for a worker injured or killed in employment under this title, except as follows: (a) [(1)] This section and RCW 51.16.040 shall not apply where the last exposure to the hazards of the disease or infection occurred prior to January 1, 1937; and (b) [(2)] for claims filed on or after July 1, 1988, the rate of compensation for occupational diseases shall be established as of the date the disease requires medical treatment or becomes totally or partially disabling, whichever occurs first, and without regard to the date of the contraction of the disease or the date of filing the claim.
[ 1988 c 161 § 5; 1977 ex.s. c 350 § 53; 1971 ex.s. c 289 § 49; 1961 c 23 § 51.32.180. Prior: 1959 c 308 § 19; prior: 1941 c 235 § 1, part; 1939 c 135 § 1, part; 1937 c 212 § 1, part; Rem. Supp. 1941 § 7679-1, part.]
NOTES:
Benefit increases—Application to certain retrospective rating agreements—1988 c 161: See notes following RCW 51.32.050.
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. › 51.32.1871 - Annual report on claims.

RCW 51.32.1871
Annual report on claims. (Expires December 1, 2024.)
(1) Five years after June 7, 2018, the department must submit a report to the appropriate labor committees of the legislature by December 1, 2023. The report must include the number of industrial insurance claims which included the presumption provided for in RCW 51.32.187(2)(a).
(2) This section expires December 1, 2024.
[ 2018 c 9 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.195 - Self-insurers—Information to department.

RCW 51.32.195
Self-insurers—Information to department.
On any industrial injury claim where the self-insured employer or injured worker has requested a determination by the department, the self-insurer must submit all medical reports and any other specified information not previously submitted to the department. When the department requests information from a self-insurer by certified mail, the self-insurer shall submit all information in its possession concerning a claim within ten working days from the date of receipt of such certified notice.
[ 1987 c 290 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.200 - Self-insurers—Enforcement of compensation order against.

RCW 51.32.200
Self-insurers—Enforcement of compensation order against.
(1) If a self-insurer fails, refuses, or neglects to comply with a compensation order which has become final and is not subject to review or appeal, the director or any person entitled to compensation under the order may institute proceedings for injunctive or other appropriate relief for enforcement of the order. These proceedings may be instituted in the superior court for the county in which the claimant resides, or, if the claimant is not then a resident of this state, in the superior court for the county in which the self-insurer may be served with process.
(2) The court shall enforce obedience to the order by proper means, enjoining compliance upon the person obligated to comply with the compensation order. The court may issue such writs and processes as are necessary to carry out its orders.
(3) A proceeding under this section does not preclude other methods of enforcement provided for in this title.
[ 1971 ex.s. c 289 § 48.]
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. › 51.32.210 - Claims of injured workers, prompt action—Payment—Acceptance—Effect.

RCW 51.32.210
Claims of injured workers, prompt action—Payment—Acceptance—Effect.
Claims of injured workers of employers who have secured the payment of compensation by insuring with the department shall be promptly acted upon by the department. Where temporary disability compensation is payable, the first payment thereof shall be mailed within fourteen days after receipt of the claim at the department's offices in Olympia and shall continue at regular semimonthly intervals. The payment of this or any other benefits under this title, prior to the entry of an order by the department in accordance with RCW 51.52.050 as now or hereafter amended, shall be not considered a binding determination of the obligations of the department under this title. The acceptance of compensation by the worker or his or her beneficiaries prior to such order shall likewise not be considered a binding determination of their rights under this title.
[ 1977 ex.s. c 350 § 55; 1972 ex.s. c 43 § 26.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.215 - Payment of compensation after appeal—Enforcement of order—Penalty.

RCW 51.32.215
Payment of compensation after appeal—Enforcement of order—Penalty.
(1)(a) If the worker or beneficiary in a state fund claim prevails in an appeal by any party to the board or the court, the department shall comply with the board or court's order with respect to the payment of compensation within the later of the following time periods:
(i) Sixty days after the compensation order has become final and is not subject to review or appeal; or
(ii) If the order has become final and is not subject to review or appeal and the department has, within the period specified in (a)(i) of this subsection, requested the filing by the worker or beneficiary of documents necessary to make payment of compensation, sixty days after all requested documents are filed with the department.
The department may extend the sixty-day time period for an additional thirty days for good cause.
(b) If the department fails to comply with (a) of this subsection, any person entitled to compensation under the order may institute proceedings for injunctive or other appropriate relief for enforcement of the order. These proceedings may be instituted in the superior court for the county in which the claimant resides, or, if the claimant is not then a resident of this state, in the superior court for Thurston county.
(2) In a proceeding under this section, the court shall enforce obedience to the order by proper means, enjoining compliance upon the person obligated to comply with the compensation order. The court may issue such writs and processes as are necessary to carry out its orders and may award a penalty of up to one thousand dollars to the person entitled to compensation under the order.
(3) A proceeding under this section does not preclude other methods of enforcement provided for in this title.
[ 1995 c 276 § 1.]
NOTES:
Application—1995 c 276: "This act applies to all appeals in state fund claims determined under Title 51 RCW on or after July 23, 1995, regardless of the date of filing of the claim." [ 1995 c 276 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.225 - Reduction in total disability compensation—Offset for social security retirement benefits.

RCW 51.32.225
Reduction in total disability compensation—Offset for social security retirement benefits.
(1) For persons receiving compensation for temporary or permanent total disability under this title, the compensation shall be reduced by the department to allow an offset for social security retirement benefits payable under the federal social security, old age survivors, and disability insurance act, 42 U.S.C. This reduction shall not apply to any worker who is receiving permanent total disability benefits prior to July 1, 1986. This reduction does not apply to workers who had applied to receive social security retirement benefits prior to the date of their injury or to workers who were receiving social security benefits prior to their injury.
(2) Reductions for social security retirement benefits under this section shall comply with the procedures in RCW 51.32.220 (1) through (6) and with any other procedures established by the department to administer this section. For any worker whose entitlement to social security retirement benefits is immediately preceded by an entitlement to social security disability benefits, the offset shall be based on the formulas provided under 42 U.S.C. Sec. 424a. For all other workers entitled to social security retirement benefits, the offset shall be based on procedures established and determined by the department to most closely follow the intent of RCW 51.32.220.
(3) Any reduction in compensation made under chapter 58, Laws of 1986, shall be made before the reduction established in this section.
[ 2018 c 163 § 1; 2006 c 163 § 1; 1986 c 59 § 5.]
NOTES:
Application—2018 c 163: "This act applies to claims with dates of injury on or after June 7, 2018." [ 2018 c 163 § 2.]
Effective date—1986 c 59 § 5: See note following RCW 51.32.090.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.230 - Recovery of overpayments.

RCW 51.32.230
Recovery of overpayments.
Notwithstanding any other provisions of law, any overpayments previously recovered under the provisions of RCW 51.32.220 as now or hereafter amended shall be limited to six months' overpayments. Where greater recovery has already been made, the director, in his or her discretion, may make restitution in those cases where an extraordinary hardship has been created.
[ 2010 c 8 § 14009; 1979 ex.s. c 151 § 2.]
NOTES:
Applicability—Severability—1979 ex.s. c 151: See notes following RCW 51.32.220.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.242 - Self-insured employer overpayment reimbursement fund—Withholding from worker earnings—Use of funds—Exception.

RCW 51.32.242
Self-insured employer overpayment reimbursement fund—Withholding from worker earnings—Use of funds—Exception. (Effective until July 1, 2025.)
(1) Except as provided in subsection (2) of this section, each self-insured employer shall retain from the earnings of each of its workers 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. These moneys shall only be retained from employees and remitted to the department in such manner and at such intervals as the department directs and shall be placed in the self-insured employer overpayment reimbursement fund. The moneys so collected shall be used exclusively for reimbursement to the reserve fund and to self-insured employers for benefits overpaid during the pendency of board or court appeals in which the self-insured employer prevails and has not recovered, and shall be no more than necessary to make such payments on a current basis.
(2) None of the amount assessed for the employer overpayment reimbursement fund under this section may be retained from the earnings of workers covered under RCW 51.16.210.
[ 2008 c 280 § 3.]
NOTES:
Application—2008 c 280: See note following RCW 51.52.050.
(1) Except as provided in subsection (2) of this section, each self-insured employer shall retain from the earnings of each of its workers 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. These moneys shall only be retained from employees and remitted to the department in such manner and at such intervals as the department directs and shall be placed in the self-insured employer overpayment reimbursement fund. The moneys so collected shall be used exclusively for reimbursement to the self-insurance reserve fund and to self-insured employers for benefits overpaid during the pendency of board or court appeals in which the self-insured employer prevails and has not recovered, and shall be no more than necessary to make such payments on a current basis.
(2) None of the amount assessed for the employer overpayment reimbursement fund under this section may be retained from the earnings of workers covered under RCW 51.16.210.
[ 2023 c 110 § 5; 2008 c 280 § 3.]
NOTES:
Effective date—2023 c 110 §§ 1 and 4-13: See note following RCW 51.44.155.
Application—2008 c 280: See note following RCW 51.52.050.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.250 - Payment of job modification costs.

RCW 51.32.250
Payment of job modification costs.
Modification of the injured worker's previous job or modification of a new job is recognized as a desirable method of returning the injured worker to gainful employment. In order to assist employers in meeting the costs of job modification, and to encourage employers to modify jobs to accommodate retaining or hiring workers with disabilities resulting from work-related injury, the supervisor or the supervisor's designee, in his or her discretion, may pay job modification costs in an amount not to exceed five thousand dollars per worker per job modification. This payment is intended to be a cooperative participation with the employer and funds shall be taken from the appropriate account within the second injury fund.
The benefits provided for in this section are available to any otherwise eligible worker regardless of the date of industrial injury.
[ 1988 c 161 § 10; 1983 c 70 § 3; 1982 c 63 § 13.]
NOTES:
Severability—1983 c 70: See note following RCW 51.32.095.
Effective dates—Implementation—1982 c 63: See note following RCW 51.32.095.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.260 - Compensation for loss or damage to personal effects.

RCW 51.32.260
Compensation for loss or damage to personal effects.
Workers otherwise entitled to compensation under this title may also claim compensation for loss of or damage to the worker's personal clothing, footwear or protective equipment resulting from the industrial accident or incurred in the course of emergency medical treatment for injuries.
[ 1983 c 111 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.300 - State employee vocational rehabilitation coordinator.

RCW 51.32.300
State employee vocational rehabilitation coordinator.
The director shall appoint a state employee vocational rehabilitation coordinator who shall provide technical assistance and coordination of claims management to state agencies and institutions of higher education under the state return-to-work programs created by RCW 41.06.490 and * 28B.16.300.
[ 1990 c 204 § 5.]
NOTES:
*Reviser's note: RCW 28B.16.300 was repealed by 1993 c 281 § 68, effective July 1, 1993.
Findings—Purpose—1990 c 204: See note following RCW 51.44.170.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.350 - Chemically related illness—Criteria and procedures for claims—Claims management.

RCW 51.32.350
Chemically related illness—Criteria and procedures for claims—Claims management.
(1) By July 1, 1994, the department shall establish interim criteria and procedures for management of claims involving chemically related illness to ensure consistency and fairness in the adjudication of these claims. The criteria and procedures shall apply to employees covered by the state fund and employees of self-insured employers. The department shall adopt final criteria and procedures by December 31, 1994, and report the criteria and procedures as required under section 5, chapter 265, Laws of 1994.
(2) The special procedures developed by the department shall include procedures to determine which claims involving chemically related illness require expert management. The department shall assign claims managers with special training or expertise to manage these claims.
[ 1994 c 265 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.360 - Chemically related illness—Centers for research and clinical assessment.

RCW 51.32.360
Chemically related illness—Centers for research and clinical assessment.
The department shall work with the department of health to establish one or more centers for research and clinical assessment of chemically related illness.
[ 1994 c 265 § 3.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.370 - Chemically related illness—Research projects—Implementation plan—Funding—Deductions from employees' pay.

RCW 51.32.370
Chemically related illness—Research projects—Implementation plan—Funding—Deductions from employees' pay.
(1) The department shall conduct research on chemically related illnesses, which shall include contracting with recognized medical research institutions. The department shall develop an implementation plan for research based on sound scientific research criteria, such as double blind studies, and shall include adequate provisions for peer review, and submit the plan to the worker's [workers'] compensation advisory committee for review and approval. Following approval of the plan, all specific proposals for projects under the plan shall be submitted for review to a scientific advisory committee, established to provide scientific oversight of research projects, and to the workers' compensation advisory committee. The department shall include a research project that encourages regional cooperation in addressing chemically related illness.
(2) Expenditures for research projects shall be within legislative appropriations from the medical aid fund, with self-insured employers and the state fund each paying a pro rata share, based on the number of worker hours, of the authorized expenditures. For the purposes of this subsection only, self-insured employers may deduct from the pay of each of their employees one-half of the share charged to the employer for the expenditures from the medical aid fund.
[ 1994 c 265 § 4.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.380 - Injured offenders—Benefits sent in the care of the department of corrections—Exception—Liability.

RCW 51.32.380
Injured offenders—Benefits sent in the care of the department of corrections—Exception—Liability.
If the department of labor and industries has received notice that an injured worker entitled to benefits payable under this chapter is in the custody of the department of corrections pursuant to a conviction and sentence, the department shall send all such benefits to the worker in care of the department of corrections, except those benefits payable to a beneficiary as provided in RCW 51.32.040 (3)(c) and (4). Failure of the department to send such benefits to the department of corrections shall not result in liability to any party for either department.
[ 2003 c 379 § 26.]
NOTES:
Severability—Effective dates—2003 c 379: See notes following RCW 9.94A.728.
Intent—Purpose—2003 c 379 §§ 13-27: See note following RCW 9.94A.760.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.32 - Compensation—Right to and Amount. › 51.32.395 - Direct care registered nurses—Presumption of occupational disease for posttraumatic stress disorder.

RCW 51.32.395
Direct care registered nurses—Presumption of occupational disease for posttraumatic stress disorder. (Effective January 1, 2024.)
(1) In the case of direct care registered nurses covered under this title who are employed on a fully compensated basis, there exists a prima facie presumption that posttraumatic stress disorder is an occupational disease under RCW 51.08.140. This section applies only to a direct care registered nurse who has posttraumatic stress disorder that develops or manifests itself after the individual has been employed on a fully compensated basis as a direct care registered nurse in Washington state for at least 90 consecutive days.
(2) The presumption may be rebutted by a preponderance of the evidence.
(3) The presumption extends to a claimant following termination of employment for a period of three calendar months for each year the claimant was a direct care registered nurse employed on a fully compensated basis, but may not extend more than 60 months following the last date of employment.
(4)(a) When a determination involving the presumption established under this section is appealed to the board of industrial insurance appeals and the final decision allows the claim for benefits, the board of industrial insurance appeals shall order that all reasonable costs of the appeal, including attorneys' fees and witness fees, be paid to the claimant or his or her beneficiary by the opposing party.
(b) When determination involving the presumption established under this section is appealed to any court and the final decision allows the claim for benefits, the court shall order that all reasonable costs of the appeal, including attorneys' fees and witness fees, be paid to the claimant or his or her beneficiary by the opposing party.
(c) When reasonable costs of the appeal must be paid by the department under this section in a state fund case, the costs shall be paid from the accident fund and charged to the costs of the claim.
(5) For purposes of this section, "direct care registered nurse" means an individual licensed as a nurse under chapter 18.79 RCW who provides direct care to patients.
[ 2023 c 370 § 2.]
NOTES:
Effective date—2023 c 370: "This act takes effect January 1, 2024." [ 2023 c 370 § 3.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.36 - Medical Aid. › 51.36.015 - Chiropractic care and evaluation.

RCW 51.36.015
Chiropractic care and evaluation.
Subject to the other provisions of this title, the health services that are available to an injured worker under RCW 51.36.010 include chiropractic care and evaluation. For the purposes of assisting the department in making claims determinations, an injured worker may be required by the department to undergo examination by a chiropractor licensed under chapter 18.25 RCW.
[ 1994 c 94 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.36 - Medical Aid. › 51.36.017 - Licensed advanced registered nurse practitioners.

RCW 51.36.017
Licensed advanced registered nurse practitioners.
Licensed advanced registered nurse practitioners are recognized as independent practitioners and, subject to the provisions of this title, the health services available to an injured worker under RCW 51.36.010 include health services provided by licensed advanced registered nurse practitioners within their scope of practice.
[ 2004 c 65 § 16.]
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 51.36 - Medical Aid. › 51.36.030 - First aid.

RCW 51.36.030
First aid.
Every employer, who employs workers, shall keep as required by the department's rules a first aid kit or kits equipped as required by such rules with materials for first aid to his or her injured workers. Every employer who employs fifty or more workers, shall keep one first aid station equipped as required by the department's rules with materials for first aid to his or her injured workers, and shall cooperate with the department in training one or more employees in first aid to the injured. The maintenance of such first aid kits and stations shall be deemed to be a part of any safety and health standards established under Title 49 RCW.
[ 1980 c 14 § 12. Prior: 1977 ex.s. c 350 § 58; 1977 ex.s. c 323 § 20; 1961 c 23 § 51.36.030; prior: 1959 c 256 § 4; prior: 1943 c 186 § 2, part; 1923 c 136 § 9, part; 1921 c 182 § 11, part; 1919 c 129 § 2, part; 1917 c 28 § 5, part; Rem. Supp. 1943 § 7714, 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 51.36 - Medical Aid. › 51.36.040 - Time and place of coverage—Lunch period.

RCW 51.36.040
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 of 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 worker hours for the purpose of reporting to the department unless the worker is actually paid for such period of time.
[ 1977 ex.s. c 350 § 59; 1961 c 107 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.36 - Medical Aid. › 51.36.050 - Rehabilitation center—Contracts with self-insurers and others.

RCW 51.36.050
Rehabilitation center—Contracts with self-insurers and others.
The department may operate and control a rehabilitation center and may contract with self-insurers, and any other persons who may be interested, for use of any such center on such terms as the director deems reasonable.
[ 1979 ex.s. c 42 § 1; 1971 ex.s. c 289 § 52.]
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 51.36 - Medical Aid. › 51.36.060 - Duties of attending physician or licensed advanced registered nurse practitioner—Medical information.

RCW 51.36.060
Duties of attending physician or licensed advanced registered nurse practitioner—Medical information. (Effective until July 1, 2025.)
Physicians or licensed advanced registered nurse practitioners examining or attending injured workers under this title shall comply with rules and regulations adopted by the director, and shall make such reports as may be requested by the department or self-insurer upon the condition or treatment of any such worker, or upon any other matters concerning such workers in their care. Except under RCW 49.17.210 and 49.17.250, all medical information in the possession or control of any person and relevant to the particular injury in the opinion of the department pertaining to any worker whose injury or occupational disease is the basis of a claim under this title shall be made available at any stage of the proceedings to the employer, the claimant's representative, and the department upon request, and no person shall incur any legal liability by reason of releasing such information.
[ 2004 c 65 § 12; 1991 c 89 § 3; 1989 c 12 § 17; 1975 1st ex.s. c 224 § 15; 1971 ex.s. c 289 § 53.]
NOTES:
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
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.
Attending providers under this title shall comply with rules and regulations adopted by the director, and shall make such reports as may be requested by the department or self-insurer upon the condition or treatment of any such worker, or upon any other matters concerning such workers in their care. Except under RCW 49.17.210 and 49.17.250, all medical information in the possession or control of any person and relevant to the particular injury in the opinion of the department pertaining to any worker whose injury or occupational disease is the basis of a claim under this title shall be made available at any stage of the proceedings to the employer, the claimant's representative, and the department upon request, and no person shall incur any legal liability by reason of releasing such information.
[ 2023 c 171 § 11; 2004 c 65 § 12; 1991 c 89 § 3; 1989 c 12 § 17; 1975 1st ex.s. c 224 § 15; 1971 ex.s. c 289 § 53.]
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.
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 51.36 - Medical Aid. › 51.36.072 - Medical examinations—Telemedicine—Rules.

RCW 51.36.072
Medical examinations—Telemedicine—Rules.
(1) The department may adopt rules to implement *section 3, chapter 213, Laws of 2020.
(2) The department must adopt rules, policies, and processes governing the use of telemedicine for independent medical examinations under *section 3, chapter 213, Laws of 2020. Development of rules may include a pilot project. Consideration should be given to all available research regarding the use of telemedicine for independent medical examinations.
[ 2020 c 213 § 5.]
NOTES:
*Reviser's note: 2020 c 213 § 3 is codified as RCW 51.36.070.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.36 - Medical Aid. › 51.36.085 - Payment of fees and medical charges by self-insurers—Interest.

RCW 51.36.085
Payment of fees and medical charges by self-insurers—Interest.
All fees and medical charges under this title shall conform to regulations promulgated, and the fee schedule established by the director and shall be paid within sixty days of receipt by the self-insured of a proper billing in the form prescribed by department rule or sixty days after the claim is allowed by final order or judgment, if an otherwise proper billing is received by the self-insured prior to final adjudication of claim allowance. The self-insured shall pay interest at the rate of one percent per month, but at least one dollar per month, whenever the payment period exceeds the applicable sixty-day period on all proper fees and medical charges.
[ 1993 c 159 § 3; 1987 c 316 § 4.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.36 - Medical Aid. › 51.36.090 - Review of billings—Investigation of unauthorized services.

RCW 51.36.090
Review of billings—Investigation of unauthorized services.
An employer may request review of billings for any medical and surgical services received by a worker by submitting written notice to the department. The department shall investigate the billings and determine whether the worker received services authorized under this title. Whenever such medical or surgical services are determined to be unauthorized, the department shall not charge the costs of such services to the employer's account.
[ 1985 c 337 § 3.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.36 - Medical Aid. › 51.36.100 - Audits of health care providers authorized.

RCW 51.36.100
Audits of health care providers authorized.
The legislature finds and declares it to be in the public interest of the residents of the state of Washington that a proper regulatory and inspection program be instituted in connection with the provision of medical, chiropractic, dental, vocational, and other health services to industrially injured workers pursuant to Title 51 RCW. In order to effectively accomplish such purpose and to assure that the industrially injured worker receives such services as are paid for by the state of Washington, the acceptance by the industrially injured worker of such services, and the request by a provider of services for reimbursement for providing such services, shall authorize the director of the department of labor and industries or the director's authorized representative to inspect and audit all records in connection with the provision of such services.
[ 1993 c 515 § 5; 1986 c 200 § 1.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.36 - Medical Aid. › 51.36.110 - Audits of health care providers—Powers of department.

RCW 51.36.110
Audits of health care providers—Powers of department.
The director of the department of labor and industries or the director's authorized representative shall have the authority to:
(1) Conduct audits and investigations of providers of medical, chiropractic, dental, vocational, and other health services furnished to industrially injured workers pursuant to Title 51 RCW. In the conduct of such audits or investigations, the director or the director's authorized representatives may examine all records, or portions thereof, including patient records, for which services were rendered by a health services provider and reimbursed by the department, notwithstanding the provisions of any other statute which may make or purport to make such records privileged or confidential: PROVIDED, That no original patient records shall be removed from the premises of the health services provider, and that the disclosure of any records or information obtained under authority of this section by the department of labor and industries is prohibited and constitutes a violation of RCW 42.52.050, unless such disclosure is directly connected to the official duties of the department: AND PROVIDED FURTHER, That the disclosure of patient information as required under this section shall not subject any physician, licensed advanced registered nurse practitioner, or other health services provider to any liability for breach of any confidential relationships between the provider and the patient: AND PROVIDED FURTHER, That the director or the director's authorized representative shall destroy all copies of patient medical records in their possession upon completion of the audit, investigation, or proceedings;
(2) Approve or deny applications to participate as a provider of services furnished to industrially injured workers pursuant to Title 51 RCW;
(3) Terminate or suspend eligibility to participate as a provider of services furnished to industrially injured workers pursuant to Title 51 RCW; and
(4) Pursue collection of unpaid overpayments and/or penalties plus interest accrued from health care providers pursuant to RCW 51.32.240(6).
[ 2004 c 243 § 6; 2004 c 65 § 13; 1994 c 154 § 312; 1993 c 515 § 6; 1986 c 200 § 2.]
NOTES:
Reviser's note: This section was amended by 2004 c 65 § 13 and by 2004 c 243 § 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Adoption of rules—2004 c 243: See note following RCW 51.08.177.
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective date—1994 c 154: See RCW 42.52.904.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.36 - Medical Aid. › 51.36.120 - Confidential information.

RCW 51.36.120
Confidential information.
When contracting for health care services and equipment, the department, upon request of a contractor, shall keep confidential financial and valuable trade information, which shall be exempt from public inspection and copying under chapter 42.56 RCW.
[ 2005 c 274 § 325; 1989 c 189 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.36 - Medical Aid. › 51.36.130 - False, misleading, or deceptive advertising or representations.

RCW 51.36.130
False, misleading, or deceptive advertising or representations.
In addition to other authority granted under this chapter, the department may deny applications of health care providers to participate as a provider of services to injured workers under this title, or terminate or suspend providers' eligibility to participate, if the provider uses or causes or promotes the use of, advertising matter, promotional materials, or other representation, however disseminated or published, that is false, misleading, or deceptive with respect to the industrial insurance system or benefits for injured workers under this title.
[ 1997 c 336 § 2.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.010 - Accident fund.

RCW 51.44.010
Accident fund.
There shall be, in the office of the state treasurer, a fund to be known and designated as the "accident fund."
[ 1961 c 23 § 51.44.010. Prior: 1947 c 247 § 1(4d), part; Rem. Supp. 1947 § 7676d, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.020 - Medical aid fund.

RCW 51.44.020
Medical aid fund.
There shall be, in the office of the state treasurer, a fund to be known and designated as the "medical aid fund."
[ 1961 c 23 § 51.44.020. Prior: 1923 c 136 § 8, part; 1919 c 129 § 1, part; 1917 c 28 § 4, part; RRS § 7713, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.023 - Industrial insurance rainy day fund—Administration—Advisory committee.

RCW 51.44.023
Industrial insurance rainy day fund—Administration—Advisory committee.
(1) There shall be, in the custody of the state treasurer, a fund to be known and designated as the industrial insurance rainy day fund.
(2) The director shall be the administrator of the fund, may transfer moneys into and out of the fund only as authorized by this section, and shall separately account for moneys in the fund from the accident and medical aid funds. The assets of this fund shall not be used for any purposes other than meeting the obligations of this title.
(3) Before proposing premium rates as provided in RCW 51.16.035, the director shall determine whether the assets of the accident and medical aid funds combined are at least ten percent but not more than thirty percent in excess of its funded liabilities, and if so transfer any excess to the industrial insurance rainy day fund, unless doing so would:
(a) Threaten the department's ability to meet the obligations of this title;
(b) Result in total assets of the rainy day fund combined with the assets of the accident and medical aid funds to exceed thirty percent of the accident and medical aid funds' liabilities.
(4) The workers' compensation advisory committee shall create a finance subcommittee made up of six members, three of whom shall represent business, and three of whom shall represent workers. The director or director's designee shall chair the committee. The committee shall provide recommendations for any changes to subsection (3)(b) of this section to the appropriate committees of the legislature by December 1, 2011.
(5) When adopting premium rates, the director may transfer moneys from the industrial insurance rainy day fund into the accident fund or medical aid fund upon finding that the transfer is necessary to reduce a rate increase or aid businesses in recovering from or during economic recessions. The director may also transfer moneys from this fund at any time liabilities increase so that total liabilities exceed assets of the accident fund, medical aid fund, or both.
(6) Notwithstanding chapter 51.52 RCW, the director's decisions regarding transfers into and out of the industrial insurance rainy day fund are not reviewable by any court or tribunal, but must be announced as part of the rule-making process for setting premium rates, and must be part of the department's rule-making file required by chapter 34.05 RCW.
[ 2011 1st sp.s. c 37 § 601.]
NOTES:
Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.030 - Reserve fund.

RCW 51.44.030
Reserve fund.
There shall be, in the office of the state treasurer, a fund to be known and designated as the "reserve fund."
[ 1961 c 23 § 51.44.030. Prior: 1957 c 70 § 39; 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 51.44 - Funds. › 51.44.033 - Supplemental pension fund.

RCW 51.44.033
Supplemental pension fund.
There shall be, in the office of the state treasurer, a fund to be known and designated as the "supplemental pension fund." The director shall be the administrator thereof. The fund shall be used for the sole purposes of making the additional payments therefrom prescribed in this title and the loans therefrom authorized in *RCW 49.86.190.
[ 2007 c 357 § 23; 1975 1st ex.s. c 224 § 16; 1971 ex.s. c 289 § 18.]
NOTES:
*Reviser's note: RCW 49.86.190 expired October 1, 2011.
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 51.44 - Funds. › 51.44.050 - Catastrophe injury account.

RCW 51.44.050
Catastrophe injury account.
There shall be a special account within the accident fund to be known as the "catastrophe injury account" which shall be used only for the purpose of defraying charges against it as provided in RCW 51.16.130.
[ 1961 c 23 § 51.44.050. Prior: 1959 c 308 § 6; 1957 c 70 § 40; prior: 1947 c 247 § 1(4f), part; 1911 c 74 § 4, part; Rem. Supp. 1947 § 7676f, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.060 - Charge to accident fund for the catastrophe injury account.

RCW 51.44.060
Charge to accident fund for the catastrophe injury account.
The charge to the accident fund to defray charges against the catastrophe injury account shall be made pursuant to rules and regulations promulgated by the director.
[ 1972 ex.s. c 43 § 28; 1961 c 23 § 51.44.060. Prior: 1959 c 308 § 7; 1957 c 70 § 41; prior: 1947 c 247 § 1(4f), part; 1911 c 74 § 4, part; Rem. Supp. 1947 § 7676f, part.]
2023 Revised Code of Washington › Title 51 - Industrial Insurance › Chapter 51.44 - Funds. › 51.44.070 - Transfer from accident fund and/or appropriate accounts to reserve fund—Annuity values.

RCW 51.44.070
Transfer from accident fund and/or appropriate accounts to reserve fund—Annuity values. (Effective until July 1, 2025.)
For every case resulting in death or permanent total disability the department shall transfer on its books from the accident fund of the proper class and/or appropriate account to the "reserve fund" a sum of money for that case equal to the estimated present cash value of the monthly payments provided for it, to be calculated upon the basis of an annuity covering the payments in this title provided to be made for the case. Such annuity values shall be based upon rates of mortality, disability, remarriage, and interest as determined by the department, taking into account the experience of the reserve fund in such respects.
[ 2018 c 282 § 1; 1992 c 124 § 1; 1989 c 190 § 1; 1983 c 312 § 1; 1981 c 325 § 1; 1971 ex.s. c 289 § 56; 1961 c 274 § 5; 1961 c 23 § 51.44.070. Prior: 1959 c 308 § 8; 1957 c 70 § 42; prior: 1951 c 236 § 7; 1941 c 169 § 1; Rem. Supp. 1941 § 7705-2; prior: 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.
For every case resulting in death or permanent total disability the department shall transfer on its books from the accident fund of the proper class and/or appropriate account to the "reserve fund" a sum of money for that case equal to the estimated present cash value of the monthly payments provided for it, to be calculated upon the basis of an annuity covering the payments in this title provided to be made for the case. Such annuity values shall be based upon rates of mortality, disability, remarriage, and interest as determined by the department, taking into account the experience of the reserve fund and self-insurance reserve fund in such respects.
[ 2023 c 110 § 6; 2018 c 282 § 1; 1992 c 124 § 1; 1989 c 190 § 1; 1983 c 312 § 1; 1981 c 325 § 1; 1971 ex.s. c 289 § 56; 1961 c 274 § 5; 1961 c 23 § 51.44.070. Prior: 1959 c 308 § 8; 1957 c 70 § 42; prior: 1951 c 236 § 7; 1941 c 169 § 1; Rem. Supp. 1941 § 7705-2; prior: 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—2023 c 110 §§ 1 and 4-13: See note following RCW 51.44.155.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.