Washington Administrative Code › Title 296 - Labor and Industries, Department of › Chapter 296-14 - Industrial insurance › Section 296-14-600 - Payment of benefits on asbestos-related disease claims

Current through Register Vol. 24-14, July 15, 2024
The department shall furnish the benefits provided under
				Title
				51 RCW to any worker or
				beneficiary who may have a right or claim for benefits under the maritime laws
				of the United States resulting from an asbestos-related disease if there are
				objective clinical findings to substantiate that the worker has an
				asbestos-related claim for occupational disease; and the worker's employment
				history has a prima facie indicia of injurious exposure to asbestos fibers
				while employed in the state of Washington in employment covered under
				Title
				51 RCW.
(1) A worker's employment history will be
			 deemed to have a prima facie indicia of injurious exposure to asbestos fibers
			 if the employment history as contained in the department's file permits a
			 reasonable conclusion that the worker was exposed to asbestos fibers and that
			 such exposure was of sufficient duration to be injurious. "Injurious" means
			 impairing to either a partial or total extent, and may be either permanent or
			 temporary.
(2) Whenever the
			 department has determined to pay benefits pursuant to chapter 271, Laws of
			 1988, the department shall render a decision as to the liable insurer and shall
			 continue to pay benefits until the liable insurer initiates payments or
			 benefits are otherwise properly terminated.
The department shall render its decision in a final order as
				provided in
				RCW
				 51.52.050.
Initiation of payments by a liable insurer shall be deemed to
				occur on the date such insurer issues a check or warrant or otherwise remits to
				the worker, beneficiary, or any provider any payment of any benefits owed by
				such insurer on the claim for asbestos.
(3) Benefits shall be paid on all pending
			 asbestos-related claims as of July 1, 1988. Pending claims are those which have
			 not been finally adjudicated by order of the department or the board of
			 industrial insurance appeals or by the entry of a judgment of a superior court
			 or decision of the court of appeals or the supreme court.
If any order of the department granting such benefits is
				appealed, benefits shall continue, if otherwise available, until a final
				determination is made by the board of industrial insurance appeals or the
				courts, or upon initiation of payments by a liable insurer.
(4) If benefits are paid by the department
			 from the medical aid fund on an asbestos-related claim, and it is determined by
			 the department that such benefits are owed to the worker or beneficiary by an
			 insurer under the maritime laws of the United States or by another federal
			 program other than the Federal Social Security, Old Age Survivors and
			 Disability Insurance Act, 42 U.S.C., the department shall pursue such insurer
			 or program to recover such benefits as may have been paid by the department.
The determination by the department shall be expressed in a
				final order as provided by
				RCW
				 51.52.050.
(5) Whenever a self-insured employer is
			 determined to be liable, the self-insured employer shall reimburse benefits to
			 the department within ten days after the department order becomes final and
			 binding. Failure to do so shall subject the employer to a penalty as authorized
			 in RCW
			  51.48.080.
(6) The director's discretion to waive
			 recovery of the benefits paid to the claimant or beneficiary shall be exercised
			 in accordance with WAC
			 296-14-200(3)(c).
(7) No information obtained under this
			 section is subject to release by subpoena or other legal process. The
			 department will release information only to those persons authorized access to
			 claim files by
			 RCW
			  51.28.070.
Statutory Authority: Chapters 51.08 and
				  51.32 RCW. 88-14-011 (Order 88-13),
				  § 296-14-600, filed 6/24/88.