S-0742.1 _______________________________________________
SENATE BILL 5602
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senators Newhouse, Anderson, Amondson, Prince and Oke
Read first time 02/04/93. Referred to Committee on Labor & Commerce.
AN ACT Relating to industrial insurance benefits during confinement in an institution; and amending RCW 51.32.040.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 51.32.040 and 1987 c 75 s 7 are each amended to read as follows:
(1) Except as provided in RCW 43.20B.720 and
74.20A.260, no money paid or payable under this title shall, ((except as
provided for in RCW 43.20B.720 or 74.20A.260, prior to)) before the
issuance and delivery of the check or warrant ((therefor)), be ((capable
of being)) assigned, charged, or ((ever be)) taken in execution ((or)),
attached ((or)), garnished, ((nor shall the same)) or
pass((,)) or be paid((,)) to any other person by operation of
law, ((or by)) any form of voluntary assignment, or power of attorney.
Any such assignment or charge ((shall be)) is void((,))
unless the transfer is to a financial institution at the request of a worker or
other beneficiary and made in accordance with RCW 51.32.045 ((shall
be made: PROVIDED, That)).
(2) If any worker suffers (a) a
permanent partial injury((,)) and dies from some other cause than the
accident which produced ((such)) the injury before he or she ((shall
have received)) receives payment of ((his or her)) the
award for ((such)) the permanent partial injury((,)) or ((if
any worker suffers)) (b) any other injury before he or she ((shall
have received)) receives payment of any monthly installment covering
any period of time ((prior to)) before his or her death, the
amount of ((such)) the permanent partial award((,)) or ((of
such)) the monthly payment, or both, shall be paid to the
surviving spouse((,)) or ((to)) the child or children if there is
no surviving spouse((: PROVIDED FURTHER, That,)).
(3) If any worker suffers an injury and
dies ((therefrom)) from it before he or she ((shall have
received)) receives payment of any monthly installment covering time
loss for any period of time ((prior to)) before his or her death,
the amount of ((such)) the monthly payment shall be paid to the
surviving spouse((,)) or ((to)) the child or children if there is
no surviving spouse((: PROVIDED FURTHER, That)).
(4) Any application for compensation
under ((the foregoing provisos)) subsections (2) and (3) of this
section shall be filed with the department or self-insuring employer within one
year of the date of death((: PROVIDED FURTHER, That)).
(5) If the injured worker resided in the
United States as long as three years ((prior to)) before the date
of injury, ((such)) payment under subsection s (2) and (3) of this
section shall not be made to any surviving spouse or child who was at the
time of the injury a nonresident of the United States((: PROVIDED FURTHER,
That)).
(6)(a) Any worker receiving benefits
under this title who is subsequently confined in, or who subsequently becomes
eligible ((therefor)) for benefits under this title while
confined in any institution ((under conviction and sentence)),
shall have all payments of ((such)) the compensation canceled
during the period of confinement ((but)). After discharge from
the institution, payment of benefits ((thereafter)) due afterward
shall be paid if ((such)) the worker would, ((but)) except
for the provisions of this ((proviso)) subsection (6), otherwise
be entitled ((thereto: PROVIDED FURTHER, That)) to them.
(b) If any prisoner is injured in the
course of his or her employment while participating in a work or training
release program authorized by chapter 72.65 RCW and is subject to the
provisions of this title, he or she ((shall be)) is entitled to
payments under this title, subject to the requirements of chapter 72.65
RCW, unless his or her participation in ((such)) the
program has been canceled, or unless he or she is returned to a state
correctional institution, as defined in RCW 72.65.010(3), as a result of
revocation of parole or new sentence((: PROVIDED FURTHER, That)). If
((such)) the incarcerated worker has any beneficiaries
during ((such)) the confinement period, ((any beneficiaries,))
they shall be paid directly the monthly benefits which would have been paid to
((him or her)) the worker for himself or herself and ((his or
her)) the worker's beneficiaries had ((he or she)) the
worker not been ((so)) confined.
(7) Any lump sum benefits to which ((the))
a worker would otherwise be entitled but for the provisions of ((these
provisos)) this section shall be paid on a monthly basis to his or
her beneficiaries.
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