title: RCW 51.36.120

text:
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 s 325; 1989 c 189 s 2.]

catchline: Confidential information.


doc_type: statute

jurisdiction: wa

title: RCW 51.36.130

text:
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 s 2.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: False, misleading, or deceptive advertising or representations.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 51.36.140

text:
(1) The department shall establish an industrial insurance medical advisory committee. The industrial insurance medical advisory committee shall advise the department on matters related to the provision of safe, effective, and cost-effective treatments for injured workers, including but not limited to the development of practice guidelines and coverage criteria, review of coverage decisions and technology assessments, review of medical programs, and review of rules pertaining to health care issues. The industrial insurance medical advisory committee may provide peer review and advise and assist the department in the resolution of controversies, disputes, and problems between the department and the providers of medical care. The industrial insurance medical advisory committee must consider the best available scientific evidence and expert opinion of committee members. The department may hire any expert or service or create an ad hoc committee, group, or subcommittee it deems necessary to fulfill the purposes of the industrial insurance medical advisory committee. In addition, the industrial insurance medical advisory committee may consult nationally recognized experts in evidence-based health care on particularly controversial issues.
(2) The industrial insurance medical advisory committee is composed of up to fourteen members appointed by the director. The members must not include any department employees. The director shall select twelve members from the nominations provided by statewide clinical groups, specialties, and associations, including but not limited to the following: Family or general practice, orthopedics, neurology, neurosurgery, general surgery, physical medicine and rehabilitation, psychiatry, internal medicine, osteopathic, pain management, and occupational medicine. At least two members must be physicians who are recognized for expertise in evidence-based medicine. The director may choose up to two additional members, not necessarily from the nominations submitted, who have expertise in occupational medicine.
(3) The industrial insurance medical advisory committee shall choose its chair from among its membership.
(4) The members of the industrial insurance medical advisory committee, including hired experts and any ad hoc group or subcommittee: (a) Are immune from civil liability for any official acts performed in good faith to further the purposes of the industrial insurance medical advisory committee; and (b) may be compensated for participation in the work of the industrial insurance medical advisory committee in accordance with a personal services contract to be executed after appointment and before commencement of activities related to the work of the industrial insurance medical advisory committee.
(5) The members of the industrial insurance medical advisory committee shall disclose all potential financial conflicts of interest including contracts with or employment by a manufacturer, provider, or vendor of health technologies, drugs, medical devices, diagnostic tools, or other medical services during their term or for eighteen months before their appointment. As a condition of appointment, each person must agree to the terms and conditions regarding conflicts of interest as determined by the director.
(6) The industrial insurance medical advisory committee shall meet at the times and places designated by the director and hold meetings during the year as necessary to provide advice to the director. Meetings of the industrial insurance medical advisory committee are subject to chapter 42.30 RCW, the open public meetings act.
(7) The industrial insurance medical advisory committee shall coordinate with the state health technology assessment program and state prescription drug program as necessary. As provided by RCW 70.14.100 and 70.14.050, the decisions of the state health technology assessment program and those of the state prescription drug program hold greater weight than decisions made by the department's industrial insurance medical advisory committee under Title 51 RCW.
(8) Neither the industrial insurance medical advisory committee nor any group is an agency for purposes of chapter 34.05 RCW.
(9) The department shall provide administrative support to the industrial insurance medical advisory committee and adopt rules to carry out the purposes of this section.
(10) The chair and ranking minority member of the house of representatives commerce and labor committee or the chair and ranking minority member of the senate labor, commerce, research and development committee, or successor committees, may request that the industrial insurance medical advisory committee review a medical issue related to industrial insurance and provide a written report to the house of representatives commerce and labor committee and the senate labor, commerce, research and development committee, or successor committees. The industrial insurance medical advisory committee is not required to act on the request.
(11) The workers' compensation advisory committee may request that the industrial insurance medical advisory committee consider specific medical issues that have arisen multiple times during the work of the workers' compensation advisory committee. The industrial insurance medical advisory committee is not required to act on the request.
[ 2007 c 282 s 1.]
Notes:
Report to legislature—2007 c 282: "The director, the industrial insurance medical advisory committee, and the industrial insurance chiropractic advisory committee shall report to the appropriate committees of the legislature on the following:
(1) A summary of the types of issues reviewed by the industrial insurance medical advisory committee and the industrial insurance chiropractic advisory committee and decisions in each matter;
(2) Whether the industrial insurance medical advisory committee or the industrial insurance chiropractic advisory committee became involved in the resolution of any disputes or controversies and the results of those disputes or controversies as a result of the involvement of the industrial insurance medical advisory committee or the industrial insurance chiropractic advisory committee;
(3) The extent to which the industrial insurance medical advisory committee and the industrial insurance chiropractic advisory committee conducted any peer reviews and the results of those reviews;
(4) The extent of any practice guidelines or coverage criteria developed by the industrial insurance medical advisory committee or the industrial insurance chiropractic advisory committee and the success of those developments; and
(5) The extent to which the industrial insurance medical advisory committee and the industrial insurance chiropractic advisory committee provided advice on coverage decisions and technology assessments.
The report is due no later than June 30, 2011, and must contain a recommendation about whether the industrial insurance medical advisory committee and the industrial insurance chiropractic advisory committee should continue as originally configured or whether any changes are needed." [ 2007 c 282 s 3.]

catchline: Industrial insurance medical advisory committee—Duties—Membership.


title: RCW 51.36.150

text:
(1) The department shall establish an industrial insurance chiropractic advisory committee. The industrial insurance chiropractic advisory committee shall advise the department on matters related to the provision of safe, effective, and cost-effective chiropractic treatments for injured workers. The industrial insurance chiropractic advisory committee may provide peer review and advise and assist the department in the resolution of controversies, disputes, and problems between the department and the providers of chiropractic care.
(2) The industrial insurance chiropractic advisory committee is composed of up to nine members appointed by the director. The members must not include any department employees. The director must consider nominations from recognized statewide chiropractic groups such as the Washington state chiropractic association. At least two members must be chiropractors who are recognized for expertise in evidence-based practice or occupational health.
(3) The industrial insurance chiropractic advisory committee shall choose its chair from among its membership.
(4) The members of the industrial insurance chiropractic advisory committee and any ad hoc group or subcommittee: (a) Are immune from civil liability for any official acts performed in good faith to further the purposes of the industrial insurance chiropractic advisory committee; and (b) may be compensated for participation in the work of the industrial insurance chiropractic advisory committee in accordance with a personal services contract to be executed after appointment and before commencement of activities related to the work of the industrial insurance chiropractic advisory committee.
(5) The members of the industrial insurance chiropractic advisory committee shall disclose all potential financial conflicts of interest including contracts with or employment by a manufacturer, provider, or vendor of health technologies, drugs, medical devices, diagnostic tools, or other medical services during their term or for eighteen months before their appointment. As a condition of appointment, each person must agree to the terms and conditions regarding conflicts of interest as determined by the director.
(6) The industrial insurance chiropractic advisory committee shall meet at the times and places designated by the director and hold meetings during the year as necessary to provide advice to the director. Meetings of the industrial insurance chiropractic advisory committee are subject to chapter 42.30 RCW, the open public meetings act.
(7) The industrial insurance chiropractic advisory committee shall coordinate with the state health technology assessment program and state prescription drug program as necessary. As provided by RCW 70.14.100 and 70.14.050, the decisions of the state health technology assessment program and those of the state prescription drug program hold greater weight than decisions made by the department's industrial insurance chiropractic advisory committee under Title 51 RCW.
(8) Neither the industrial insurance chiropractic advisory committee nor any group is an agency for purposes of chapter 34.05 RCW.
(9) The department shall provide administrative support to the industrial insurance chiropractic advisory committee and adopt rules to carry out the purposes of this section.
(10) The chair and ranking minority member of the house of representatives commerce and labor committee or the chair and ranking minority member of the senate labor, commerce, research and development committee, or successor committees, may request that the industrial insurance chiropractic advisory committee review a medical issue related to industrial insurance and provide a written report to the house of representatives commerce and labor committee and the senate labor, commerce, research and development committee, or successor committees. The industrial insurance chiropractic advisory committee is not required to act on the request.
(11) The workers' compensation advisory committee may request that the industrial insurance chiropractic advisory committee consider specific medical issues that have arisen multiple times during the work of the workers' compensation advisory committee. The industrial insurance chiropractic advisory committee is not required to act on the request.
[ 2007 c 282 s 2.]
Notes:
Report to legislature—2007 c 282: See note following RCW 51.36.140.

catchline: Industrial insurance chiropractic advisory committee—Duties—Membership.


title: RCW 51.36.160

text:
(1) Legislative findings and intent. The legislature finds that posttraumatic stress disorder is a serious and growing concern for workers in high risk occupations, and that emerging research supports the link between trauma exposure and the development of posttraumatic stress disorder. The legislature intends to support trauma-informed strategies to reduce the severity of work-related posttraumatic stress disorder, with the goal of improving recovery outcomes that enable sustained work. To that end, the department is authorized and directed to develop and implement a pilot program focused on these objectives.
(2) Pilot program design and implementation.
(a) In consultation with subject matter experts from the department and advisory committees including, but not limited to, the advisory committee established under RCW 51.04.110, the department shall design and implement a pilot program to expand access to evidence-based, high quality care for workers exposed to trauma seeking coverage of posttraumatic stress disorder as an occupational disease. Self-insurers may choose to participate in the pilot program.
(i) As part of the pilot program, when a worker files an occupational disease claim for posttraumatic stress disorder pursuant to RCW 51.08.142 (2) or (3), the department or participating self-insurer shall provide the worker the opportunity to participate in the pilot program. If the worker opts for their claim to be part of the pilot program, the department or participating self-insurer shall authorize access to treatment for posttraumatic stress disorder prior to claim adjudication, without regard to whether the worker's claim for benefits is allowed. Workers may receive the preclaim adjudication treatment from a mental health provider qualified to provide mental health treatment under this title if the provider agrees to be paid in accordance with the department's medical aid rules and fee schedules and signs a nonnetwork provider agreement. The department will survey or contact these providers to better understand barriers to entering the medical provider network. Costs for treatment prior to claim adjudication on state fund claims that are ultimately rejected shall be spread across all risk classes for which there is a presumption of coverage of posttraumatic stress disorder as an occupational disease. Costs for treatment prior to claim adjudication on self-insured claims that are ultimately rejected shall be paid by the self-insurer. Payment for this treatment 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 not be considered a binding determination of the obligations of the department or self-insurer under this title. Treatment for posttraumatic stress disorder prior to claim adjudication shall be limited to a clinical diagnostic interview or mental health evaluation in which a mental health provider diagnoses posttraumatic stress disorder and 11 treatment sessions to occur within 90 days of filing the claim. If the claim has not been adjudicated for allowance within 90 days, the supervisor of industrial insurance may authorize continued treatment of up to 12 treatment sessions. Once the claim is allowed, the worker must seek treatment for posttraumatic stress disorder from a provider in the medical provider network.
(ii) As part of the pilot program, to improve access to trauma-informed care, the department may enter into agreements with health care organizations or providers experienced in the diagnosis, assessment, and treatment of posttraumatic stress disorder and probable posttraumatic stress disorder. To enter into an agreement with the department, a health care organization or provider must meet qualifications and requirements established by the department. The department may identify and implement financial and other incentives for participating providers, develop criteria for workers to receive services under these agreements, and develop criteria for evaluating the success of these agreements. These agreements may not be used to limit workers' choice of providers or organizations for mental health treatment.
(iii) As part of the pilot program, the department and participating self-insurers shall authorize up to six additional treatment sessions for posttraumatic stress disorder within one year of claim closure, when such treatment is deemed necessary to maintain the worker's level of functioning at the time of claim closure.
(iv) As part of the pilot program, the department may reduce administrative requirements as necessary to simplify and address barriers for both workers and treating providers participating in the pilot program. "Administrative requirements" for the purpose of chapter 220, Laws of 2026 may include, but are not limited to, forms, documentation, timelines, reporting obligations, prior authorizations, or other programmatic processes imposed on workers or treating providers solely for treatment under the pilot program.
(b) Self-insurers who participate in the pilot program shall upon request produce a report of all workers' compensation claims that were subject to provisions of the pilot program in a format required by the department.
(c) To the extent any provision of the pilot program conflicts with an existing statute, the pilot program supersedes the conflicting statute for the duration of the pilot program only.
(3) Reporting and recommendations. By July 1, 2030, the director shall provide recommendations to the appropriate committees of the legislature on:
(a) Whether the pilot program or behavioral health programs should be extended or expanded;
(b) Any statutory or policy changes needed to support broader implementation; and
(c) Potential incentives or programmatic changes that provide measurable benefits to workers and employers.
(4) This section expires December 31, 2030.
[ 2026 c 220 s 5.]
Notes:
Rules—Effective date—2026 c 220: See notes following RCW 49.17.243.

catchline: Posttraumatic stress disorder pilot program. (Expires December 31, 2030.)


title: RCW 51.44.010

text:
There shall be, in the office of the state treasurer, a fund to be known and designated as the "accident fund."
[ 1961 c 23 s 51.44.010. Prior: 1947 c 247 s 1(4d), part; Rem. Supp. 1947 s 7676d, part.]

catchline: Accident fund.


title: RCW 51.44.020

text:
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 s 51.44.020. Prior: 1923 c 136 s 8, part; 1919 c 129 s 1, part; 1917 c 28 s 4, part; RRS s 7713, part.]

catchline: Medical aid fund.


title: RCW 51.44.023

text:
(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 s 601.]
Notes:
Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.

catchline: Industrial insurance rainy day fund—Administration—Advisory committee.


title: RCW 51.44.030

text:
There shall be, in the office of the state treasurer, a fund to be known and designated as the "reserve fund."
[ 1961 c 23 s 51.44.030. Prior: 1957 c 70 s 39; prior: 1949 c 219 s 1, part; 1947 c 246 s 1, part; 1929 c 132 s 2, part; 1927 c 310 s 4, part; 1923 c 136 s 2, part; 1919 c 131 s 4, part; 1917 c 28 s 1, part; 1913 c 148 s 1, part; 1911 c 74 s 5, part; Rem. Supp. 1949 s 7679, part.]

catchline: Reserve fund.


title: RCW 51.44.033

text:
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 s 23; 1975 1st ex.s. c 224 s 16; 1971 ex.s. c 289 s 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.

catchline: Supplemental pension fund.


title: RCW 51.44.040

text:
(1) There is in the office of the state treasurer a fund to be known and designated as the "second injury fund," which may be used only for the purpose of defraying charges against employers and for supporting return-to-work outcomes for injured workers as provided in RCW 51.16.120, * 51.32.095(4), and 51.32.250. The fund must be administered by the director. The state treasurer must be the custodian of the second injury fund and is authorized to disburse moneys from it only upon written order of the director.
(2) Payments to the second injury fund from the accident fund must be made pursuant to rules adopted by the director. Costs of these payments may not affect the experience rating of employers insured by the state fund.
(3)(a) Assessments for the second injury fund must be imposed on self-insurers pursuant to rules adopted by the director. Such rules must provide for at least the following:
(i) Except as provided in (a)(ii) of this subsection, the amount assessed each self-insurer must be in the proportion that the payments made from the fund on account of claims made against self-insurers bears to the total sum of payments from the fund.
(ii) Except as provided in section 2, chapter 475, Laws of 2005, beginning with assessments imposed on or after July 1, 2009, the department must experience rate the amount assessed each self-insurer as long as the aggregate amount assessed is in the proportion that the payments made from the fund on account of claims made against self-insurers bears to the total sum of payments from the fund. The experience rating factor must provide equal weight to the ratio between expenditures made by the second injury fund for claims of the self-insurer to the total expenditures made by the second injury fund for claims of all self-insurers for the prior three fiscal years and the ratio of workers' compensation claim payments under this title made by the self-insurer to the total worker's compensation claim payments made by all self-insurers under this title for the prior three fiscal years. The weighted average of these two ratios must be divided by the latter ratio to arrive at the experience factor.
(b) For purposes of this subsection, "expenditures made by the second injury fund" mean the costs and charges described under RCW 51.32.250 and 51.16.120(4), and the amounts assessed to the second injury fund as described under RCW 51.16.120(1). Under no circumstances does "expenditures made by the second injury fund" include any subsequent payments, assessments, or adjustments for pensions, where the applicable second injury fund entitlement was established outside of the three fiscal years.
[ 2015 c 137 s 6; 2005 c 475 s 1; 1982 c 63 s 14; 1977 ex.s. c 323 s 21; 1972 ex.s. c 43 s 27; 1961 c 23 s 51.44.040. Prior: 1959 c 308 s 17; 1947 c 183 s 1; 1945 c 219 s 2; Rem. Supp. 1947 s 7676-1b.]
Notes:
*Reviser's note: RCW 51.32.095 was amended by 2024 c 90 s 2, changing subsection (4) to subsection (5), effective January 1, 2025.
Application—2015 c 137 ss 1, 2, and 6: See note following RCW 51.16.120.
Rules—2015 c 137: See note following RCW 51.32.096.
Contingent expiration date—Outcome study—Report—2005 c 475: "(1) If the outcome study conducted by the department of labor and industries under subsection (2)(a)(i) or (ii) of this section shows a negative impact of fifteen percent or more to workers following claim closure among nonpension self-insured claimants, section 1, chapter 475, Laws of 2005 expires June 30, 2013.
(2) The department shall conduct an outcome study of the experience rating system established in section 1, chapter 475, Laws of 2005. In conducting the study, the department must:
(a) Compare the outcomes for workers of self-insured employers whose industrial insurance claims with temporary total disability benefits for more than thirty days are closed between July 1, 2002, and June 30, 2004, with similar claims of workers of self-insured employers closed between July 1, 2009, and June 30, 2011. For the purposes of subsection (1) of this section, the department must provide two separate comparisons of such workers as follows: (i) The first comparison includes the aggregate preinjury wages for all nonpension injured workers compared with their aggregate wages at claim closure in each of the two study groups; and (ii) the second comparison includes the proportion of all nonpension injured workers who are found able to work but have not returned to work, as reported by self-insurers in the eligibility assessment reports submitted to the department on the claims in the first study group, compared with the proportion of such workers who are found able to work but have not returned to work, as reported in the eligibility assessment reports submitted on claims in the second study group;
(b) Study whether the workers potentially impacted by the experience rating program have improved return-to-work outcomes, whether the number of impacted workers found to be employable increases, whether there is a change in long-term disability outcomes among the impacted workers, and whether the number of permanent total disability pensions among impacted workers is affected and, if so, the nature of the impact; and
(c) Develop, in consultation with representatives of the impacted workers and the self-insured community, a study methodology that must be provided to the workers' compensation advisory committee for review and comment. The study methodology must include appropriate controls to account for economic fluctuation, wage inflation, and other independent variables.
(3) The department must report to the appropriate committees of the legislature by December 1, 2012, on the results of the study." [ 2005 c 475 s 2.] The department report issued in December 2012 stated there was no evidence of a negative impact on injured workers of fifteen percent or more. Section 1, chapter 475, Laws of 2005 does not expire.
Effective dates—Implementation—1982 c 63: See note following RCW 51.32.095.
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.

catchline: Second injury fund.


title: RCW 51.44.050

text:
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 s 51.44.050. Prior: 1959 c 308 s 6; 1957 c 70 s 40; prior: 1947 c 247 s 1(4f), part; 1911 c 74 s 4, part; Rem. Supp. 1947 s 7676f, part.]

catchline: Catastrophe injury account.


title: RCW 51.44.060

text:
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 s 28; 1961 c 23 s 51.44.060. Prior: 1959 c 308 s 7; 1957 c 70 s 41; prior: 1947 c 247 s 1(4f), part; 1911 c 74 s 4, part; Rem. Supp. 1947 s 7676f, part.]

catchline: Charge to accident fund for the catastrophe injury account.


title: RCW 51.44.070

text:
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 s 6; 2018 c 282 s 1; 1992 c 124 s 1; 1989 c 190 s 1; 1983 c 312 s 1; 1981 c 325 s 1; 1971 ex.s. c 289 s 56; 1961 c 274 s 5; 1961 c 23 s 51.44.070. Prior: 1959 c 308 s 8; 1957 c 70 s 42; prior: 1951 c 236 s 7; 1941 c 169 s 1; Rem. Supp. 1941 s 7705-2; prior: 1929 c 132 s 2, part; 1927 c 310 s 4, part; 1923 c 136 s 2, part; 1919 c 131 s 4, part; 1917 c 28 s 1, part; 1913 c 148 s 1, part; 1911 c 74 s 5, part; Rem. Supp. 1949 s 7679, part.]
Notes:
Effective date—2023 c 110 ss 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.

catchline: Transfer from accident fund and/or appropriate accounts to reserve fund—Annuity values.


title: RCW 51.44.073

text:
(1) For every case resulting in death or permanent total disability, a self-insurer in these circumstances shall pay into the self-insurance 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.
(2) As an alternative to payment procedures otherwise provided under law, in the event of death or permanent total disability to workers of self-insured employers, a self-insured employer may upon establishment of such obligation file with the department a bond, an assignment of account from a federally or state chartered commercial banking institution authorized to conduct business in the state of Washington, or purchase an annuity, in an amount deemed by the department to be reasonably sufficient to insure payment of the pension benefits provided by law. Any purchase of an annuity shall be from an institution meeting the following minimum requirements: (a) The institution must be rated no less than "A+" by A.M. Best, and no less than "AA" by Moody's and by Standard & Poor's; (b) the value of the assets of the institution must not be less than ten billion dollars; (c) not more than ten percent of the institution's assets may include bonds that are rated less than "BBB" by Moody's and Standard & Poor's; (d) not more than five percent of the assets may be held as equity in real estate; and (e) not more than twenty-five percent of the assets may be first mortgages, and not more than five percent may be second mortgages. The department shall adopt rules governing assignments of account and annuities. Such rules shall ensure that the funds are available if needed, even in the case of failure of the banking institution, the institution authorized to provide annuities, or the employer's business.
The annuity value for every such case shall be determined by the department based upon the department's experience as to rates of mortality, disability, remarriage, and interest. The amount of the required bond, assignment of account, or annuity may be reviewed and adjusted periodically by the department, based upon periodic redeterminations by the department as to the outstanding annuity value for the case.
Under such an alternative, the department shall administer the payment of this obligation to the beneficiary or beneficiaries. The department shall be reimbursed for all such payments from the self-insured employer through periodic charges not less than quarterly in a manner to be determined by the director. The self-insured employer shall additionally pay to the department a deposit equal to the first three months' payments otherwise required under RCW 51.32.050 and 51.32.060. Such deposit shall be placed in the self-insurance reserve fund in accordance with RCW 51.44.140 and shall be returned to the respective self-insured employer when monthly payments are no longer required for such particular obligation.
If a self-insurer delays or refuses to reimburse the department beyond fifteen days after the reimbursement charges become due, there shall be a penalty paid by the self-insurer upon order of the director of an additional amount equal to twenty-five percent of the amount then due which shall be paid into the self-insurance reserve fund. Such an order shall conform to the requirements of RCW 51.52.050.
[ 2023 c 110 s 7; 2018 c 282 s 2.]
Notes:
Effective date—2023 c 110 ss 1 and 4-13: See note following RCW 51.44.155.

catchline: Transfer from self-insurer into the reserve fund—Annuity values—Alternative—Penalty for delay or refusal to reimburse.


title: RCW 51.44.080

text:
The department shall notify the state treasurer from time to time, of transfers as a whole from the state fund to the reserve fund and from self-insured employers to the self-insurance reserve fund and the interest or other earnings of the reserve fund shall become a part of the reserve fund itself. Interest or other earnings of the self-insurance reserve fund shall become a part of the self-insurance reserve fund itself. As soon as possible after June 30th of each year the department shall expert the reserve fund and self-insurance reserve fund separately to ascertain the standing of the funds as of June 30th of that year and the relation of the outstanding annuities at their then value to the cash on hand or at interest belonging to the funds. The department shall promptly report the result of the examinations to the state treasurer in writing not later than September 30th following. If the report shows that there was on said June 30th, in the reserve fund or self-insurance reserve fund in cash or at interest, a greater sum than the then annuity value of the outstanding pension obligations, the surplus in the reserve fund shall be forthwith turned over to the state fund and the surplus in the self-insurance reserve fund shall be forthwith turned over to the appropriate self-insured employer accounts under RCW 51.44.140 but, if the report shows the contrary condition, the deficiency of the reserve fund shall be forthwith made good out of the state fund and the deficiency in the self-insurance fund shall be made good from the appropriate self-insured employer accounts under RCW 51.44.140.
[ 2023 c 110 s 8; 1989 c 190 s 2; 1988 c 161 s 8; 1972 ex.s. c 43 s 29; 1971 ex.s. c 289 s 57; 1961 c 23 s 51.44.080. Prior: 1957 c 70 s 43; prior: 1949 c 219 s 1, part; 1947 c 246 s 1, part; 1929 c 132 s 2, part; 1927 c 310 s 4, part; 1923 c 136 s 2, part; 1919 c 131 s 4, part; 1917 c 28 s 1, part; 1913 c 148 s 1, part; 1911 c 74 s 5, part; Rem. Supp. 1949 s 7679, part.]
Notes:
Effective date—2023 c 110 ss 1 and 4-13: See note following RCW 51.44.155.

catchline: Reserve fund—Transfers from state fund—Surplus—Deficiency.


title: RCW 51.44.090

text:
The state treasurer shall keep accurate accounts of the reserve fund and the investment and earnings thereof, to the end that the total reserve fund shall at all times, as nearly as may be, be properly and fully invested and, to meet current demands for pension or lump sum payments, may, if necessary, make temporary loans to the reserve fund out of the accident fund, repaying the same from the earnings of the reserve fund or from collections of its investments or, if necessary, sales of the same.
[ 1972 ex.s. c 43 s 31; 1961 c 23 s 51.44.090. Prior: 1957 c 70 s 44; prior: 1949 c 219 s 1, part; 1947 c 246 s 1, part; 1929 c 132 s 2, part; 1927 c 310 s 4, part; 1923 c 136 s 2, part; 1919 c 131 s 4, part; 1917 c 28 s 1, part; 1913 c 148 s 1, part; 1911 c 74 s 5, part; Rem. Supp. 1949 s 7679, part.]

catchline: Reserve fund record and maintenance by state treasurer.


title: RCW 51.44.100

text:
Whenever, in the judgment of the state investment board, there shall be in the accident fund, medical aid fund, reserve fund, self-insurance reserve fund, industrial insurance rainy day fund, or the supplemental pension fund, funds in excess of that amount deemed by the state investment board to be sufficient to meet the current expenditures properly payable therefrom, the state investment board may invest and reinvest such excess funds in the manner prescribed by RCW 43.84.150, and not otherwise.
The state investment board may give consideration to the investment of excess funds in federally insured student loans made to persons in vocational training or retraining or reeducation programs. The state investment board may make such investments by purchasing from savings and loan associations, commercial banks, mutual savings banks, credit unions and other institutions authorized to be lenders under the federally insured student loan act, organized under federal or state law and operating in this state loans made by such institutions to residents of the state of Washington particularly for the purpose of vocational training or reeducation: PROVIDED, That the state investment board shall purchase only that portion of any loan which is guaranteed or insured by the United States of America, or by any agency or instrumentality of the United States of America: PROVIDED FURTHER, That the state investment board is authorized to enter into contracts with such savings and loan associations, commercial banks, mutual savings banks, credit unions, and other institutions authorized to be lenders under the federally insured student loan act to service loans purchased pursuant to this section at an agreed upon contract price.
[ 2023 c 110 s 9; 2011 1st sp.s. c 37 s 602; 1990 c 80 s 1; 1981 c 3 s 41; 1973 1st ex.s. c 103 s 6; 1972 ex.s. c 92 s 2; 1965 ex.s. c 41 s 1; 1961 c 281 s 10; 1961 c 23 s 51.44.100. Prior: 1959 c 244 s 1; 1935 c 90 s 1; RRS s 7705-1.]
Notes:
Effective date—2023 c 110 ss 1 and 4-13: See note following RCW 51.44.155.
Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.
Effective dates—Severability—1981 c 3: See notes following RCW 43.33A.010.
Severability—1973 1st ex.s. c 103: See note following RCW 2.10.080.
Legislative finding—Purpose—1972 ex.s. c 92: "The legislature finds that the accident fund, medical aid fund and reserve funds could be invested in such a manner as to promote vocational training and retraining or reeducation among the workers of this state. The legislature recognizes that federally insured student loans are already available to students at institutions of higher education. The legislature declares that the purpose of this 1972 amendatory act is to encourage the state finance committee to consider making some investment funds available for investment in federally insured student loans made to persons enrolled in vocational training and retraining or reeducation programs." [ 1972 ex.s. c 92 s 1.]
Motor vehicle fund warrants for state highway acquisition: RCW 47.12.180 through 47.12.240.
Rehabilitation services for individuals with disabilities: Chapter 74.29 RCW.
Student loans: RCW 28B.10.280.
Uniform Minor Student Capacity to Borrow Act: Chapter 26.30 RCW.

catchline: Investment of accident, medical aid, reserve, self-insurance reserve, industrial insurance rainy day, supplemental pension funds.


title: RCW 51.44.110

text:
Disbursement out of the several funds shall be made only upon warrants or payments drawn by the department. The state treasurer shall pay every warrant or payment out of the fund upon which it is drawn. If, at any time, there shall not be sufficient money in the fund on which any such warrant or payment is drawn wherewith to pay the same, the employer on account of whose worker it was that the warrant or payment was drawn shall pay the same, and he or she shall be credited upon his or her next following contribution to such fund the amount so paid with interest thereon at the legal rate from the date of such payment to the date such next following contribution became payable and, if the amount of the credit shall exceed the amount of the contribution, he or she shall have a warrant or payment upon the same fund for the excess and, if any such warrant or payment shall not be so paid, it shall remain, nevertheless, payable out of the fund.
[ 2013 c 125 s 8; 1977 ex.s. c 350 s 68; 1973 c 106 s 30; 1961 c 23 s 51.44.110. Prior: 1911 c 74 s 26, part; RRS s 7705, part.]

catchline: Disbursements of funds.


title: RCW 51.44.115

text:
(1) The department shall:
(a) Prepare financial statements on the state fund in accordance with generally accepted accounting principles, including but not limited to financial statements on the accident fund, the medical aid fund, the pension reserve fund, the self-insurance reserve fund, the supplemental pension fund, and the second injury fund. Statements must be presented separately by fund and in the aggregate; and
(b) Prepare financial information for the accident fund, medical aid fund, pension reserve fund, and self-insurance reserve fund based on statutory accounting practices and principles promulgated by the national association of insurance commissioners for the purpose of maintaining actuarial solvency of these funds.
(2) Beginning in 2006, and, to avoid duplication, coordinated with any audit that may be conducted under RCW 43.09.310, the state auditor shall conduct annual audits of the state fund. As part of the audits required under this section, the state auditor may contract with firms qualified to perform all or part of the financial audit, as necessary.
(a) The firm or firms conducting the reviews shall be familiar with the accounting standards applicable to the accounts under review and shall have experience in workers' compensation reserving, discounting, and rate making.
(b) The scope of the financial audit shall include, but is not limited to:
(i) An opinion on whether the financial statements were prepared in accordance with generally accepted accounting principles;
(ii) An assessment of the financial impact of the proposed rate level on the actuarial solvency of the accident, medical aid, and pension reserve funds, taking into consideration the risks inherent with insurance and the effects of the actuarial assumptions, discount rates, reserving, retrospective rating program, refunds, and individual employer rate classes, as well as the standard accounting principles used for insurance underwriting purposes; and
(iii) A statement of actuarial opinion on whether the loss and loss adjustment expense reserves for the accident, medical aid, and pension reserve funds were prepared in accordance with generally accepted actuarial principles.
(c) The department shall cooperate with the state auditor in all respects and shall permit the state auditor full access to all information deemed necessary for a true and complete review.
(d) The cost of the audit shall be paid by the state fund under separate contract.
(3) The state auditor shall issue an annual report to the governor, the leaders of the majority and minority caucuses in the senate and the house of representatives, the director of the office of financial management, and the director of the department, on the results of the financial audit and reviews, within six months of the end of the fiscal year. The report may include recommendations.
(4) The audit report shall be available for public inspection.
(5) Within ninety days after the state auditor completes and delivers to the appropriate authority an audit under subsection (2) of this section, the director of the department shall notify the state auditor in writing of the measures taken and proposed to be taken, if any, to respond to the recommendations of the audit report. The state auditor may extend the ninety-day period for good cause.
[ 2023 c 110 s 10; 2005 c 387 s 1.]
Notes:
Effective date—2023 c 110 ss 1 and 4-13: See note following RCW 51.44.155.

catchline: Financial statements and information—Annual audit and report.


title: RCW 51.44.120

text:
The state treasurer shall be liable on his or her official bond for the safe custody of the moneys and securities of the several funds, but all of the provisions of law relating to state depositaries and to the deposit of state moneys therein shall apply to the several funds and securities.
[ 2010 c 8 s 14010; 1961 c 23 s 51.44.120. Prior: (i) 1911 c 74 s 26, part; RRS s 7705, part. (ii) 1917 c 28 s 14; RRS s 7723.]

catchline: Liability of state treasurer.


title: RCW 51.44.140

text:
Each self-insurer shall make such deposits, into the self-insurance reserve fund, as the department shall require pursuant to RCW 51.44.073, as are necessary to guarantee the payments of the pensions established pursuant to RCW 51.32.050 and 51.32.060.
Each self-insurer shall have an account within the self-insurance reserve fund. Each such account shall be credited with its proportionate share of interest or other earnings as determined in RCW 51.44.080.
Each such account in the self-insurance reserve fund shall be experted as required in RCW 51.44.080. Any surpluses shall be forthwith returned to the respective self-insurers, and each deficit shall forthwith be made good to the self-insurance reserve fund by the self-insurer.
[ 2023 c 110 s 11; 2018 c 282 s 3; 1972 ex.s. c 43 s 30; 1971 ex.s. c 289 s 58.]
Notes:
Effective date—2023 c 110 ss 1 and 4-13: See note following RCW 51.44.155.

catchline: Self-insurer deposits into self-insurance reserve fund—Accounts within fund—Surpluses and deficits.


title: RCW 51.44.142

text:
The self-insured employer overpayment reimbursement fund is created in the custody of the state treasurer. Expenditures from the account may be used only for reimbursing the self-insurance reserve fund and 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. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2023 c 110 s 12; 2008 c 280 s 4.]
Notes:
Effective date—2023 c 110 ss 1 and 4-13: See note following RCW 51.44.155.
Application—2008 c 280: See note following RCW 51.52.050.

catchline: Self-insured employer overpayment reimbursement fund.


title: RCW 51.44.145

text:
Moneys used for administrative costs for one-time projects requested by self-insured employers and that will support the self-insured employer program is subject to the allotment of all expenditures pursuant to chapter 43.88 RCW. However, an appropriation is not required for expenditures. Administrative costs include, but are not limited to, the salaries and expenses of staff required to implement the one-time projects and travel, goods, and services necessary to conduct these activities. The department must use self-insured employer administrative assessments to cover the costs of these services. The department must seek support from self-insured employers prior to accessing these funds.
[ 2015 c 177 s 2.]

catchline: Self-insured insurer program—Administrative costs.


title: RCW 51.44.150

text:
The director shall impose and collect assessments each fiscal year upon all self-insurers in the amount of the estimated costs of administering their portion of this title during such fiscal year. These assessments shall also include the assessments for the ombuds's office provided for in RCW 51.14.390. The time and manner of imposing and collecting assessments due the department shall be set forth in regulations promulgated by the director in accordance with chapter 34.05 RCW.
[ 2013 c 23 s 116; 2007 c 281 s 11; 1971 ex.s. c 289 s 59.]
Notes:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Assessments upon self-insurers for administration costs.


title: RCW 51.44.155

text:
There shall be, in the office of the state treasurer, a fund to be known and designated as the "self-insurance reserve fund."
[ 2023 c 110 s 1.]
Notes:
Effective date—2023 c 110 ss 1 and 4-13: "Sections 1 and 4 through 13 of this act take effect July 1, 2025." [ 2023 c 110 s 17.]

catchline: Self-insurance reserve fund.


title: RCW 51.44.160

text:
The director is authorized to make periodic temporary interfund transfers between the reserve, self-insurance reserve, and supplemental pension funds as may be necessary to provide for payments from the supplemental pension fund as prescribed in this title. At least once annually, the director shall cause an audit to be made of all pension funds administered by the department to insure that proper crediting of funds has been made, and further to direct transfers between the funds for any interfund loans which may have been made in the preceding year and not fully reimbursed.
[ 2023 c 110 s 13; 1975 1st ex.s. c 224 s 17; 1971 ex.s. c 289 s 60.]
Notes:
Effective date—2023 c 110 ss 1 and 4-13: See note following RCW 51.44.155.
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.

catchline: Interfund loans between reserve, self-insurance reserve, and supplemental pension funds—Audit.


title: RCW 51.44.170

text:
The industrial insurance premium refund account is created in the custody of the state treasurer. All industrial insurance refunds earned by state agencies or institutions of higher education under the state fund retrospective rating program shall be deposited into the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures from the account. Only the executive head of the agency or institution of higher education, or designee, may authorize expenditures from the account. No agency or institution of higher education may make an expenditure from the account for an amount greater than the refund earned by the agency. If the agency or institution of higher education has staff dedicated to workers' compensation claims management, expenditures from the account must be used to pay for that staff, but additional expenditure from the account may be used for any program within an agency or institution of higher education that promotes or provides incentives for employee workplace safety and health and early, appropriate return-to-work for injured employees. During the 2009-2011 fiscal biennium, the legislature may transfer from the industrial insurance premium refund account to the state general fund such amounts as reflect the excess fund balance of the account. During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to transfer money in the industrial insurance premium refund account to the state general fund.
[ 2025 c 424 s 1910; 2011 c 5 s 917; 2003 1st sp.s. c 25 s 926; 2002 c 371 s 916; 1997 c 327 s 1; 1991 sp.s. c 13 s 29; 1990 c 204 s 2.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2011 c 5: See note following RCW 43.03.220.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Severability—Effective date—2002 c 371: See notes following RCW 9.46.100.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Findings—Purpose—1990 c 204: "The legislature finds that workplace safety in state employment is of paramount importance in maintaining a productive and committed state workforce. The legislature also finds that recognition in state agencies and institutions of higher education of industrial insurance programs that provide safe working environments and promote early return-to-work for injured employees will encourage agencies and institutions of higher education to develop these programs. A purpose of this act is to provide incentives for agencies and institutions of higher education to participate in industrial insurance safety programs and return-to-work programs by authorizing use of the industrial insurance premium refunds earned by agencies or institutions of higher education participating in industrial insurance retrospective rating programs. Since agency and institution of higher education retrospective rating refunds are generated from safety performance and cannot be set at predictable levels determined by the budget process, the incentive awards should not impact an agency's or institution of higher education's legislatively approved budget." [ 1997 c 327 s 2; 1990 c 204 s 1.]
Effective date—1990 c 204 s 2: "Section 2 of this act shall take effect July 1, 1990." [ 1990 c 204 s 6.]

catchline: Industrial insurance premium refund account.


title: RCW 51.44.180

text:
(1) Moneys used for administrative expenses to assist employers with developing a stay-at-work program and other related services that respond to employer needs or employee needs, or both, in the stay-at-work program as they arise is subject to the allotment of all expenditures pursuant to chapter 43.88 RCW. However, an appropriation is not required for expenditures. Administrative expenses include, but are not limited to, the salaries and expenses of staff required to implement the services and travel, goods, and services necessary to conduct these activities. The department must use stay-at-work program premiums to pay for these services. The department must seek the advice of the workers' compensation advisory committee prior to accessing these funds.
(2) The director must appoint a stay-at-work advisory committee composed of six members: Three representing large and small employers and three representing labor. At least one member of the committee must be a small business owner as defined by RCW 34.05.110(9)(a) or must represent a group primarily made up of small businesses. Appointed members representing employers must have experience working directly with the stay-at-work program. Statewide business and labor organizations, representing large and small employers, must provide the director with recommendations for people to serve on the committee. The department must provide staff support for this committee.
(3) The members must serve three-year terms. Terms of the members representing employers and labor must be staggered such that the director must designate one member from each group initially appointed whose term must expire after one year and one member from each group whose term must expire after two years. The remainder of the initial group must be appointed for three-year terms. Thereafter, members must be appointed for three-year terms.
(4) The members must serve without compensation, but must be entitled to travel expenses as provided in RCW 43.03.050 and 43.03.060. All expenses of this committee must be paid by the department.
(5) This committee must review department proposals, submitted by the director, to spend nonappropriated stay-at-work program premiums for administrative expenses as defined under subsection (1) of this section, and make recommendations to the workers' compensation advisory committee for their consideration.
[ 2015 c 177 s 1.]

catchline: Stay-at-work program—Administrative expenses—Advisory committee.


title: RCW 51.44.190

text:
(1) The construction registration inspection account is created in the state treasury. All moneys, except fines and penalties, received or collected under the terms of chapters 18.27 and 70.87 RCW and under the terms of RCW 43.22.335 through 43.22.430 and 43.22.432 through 43.22.495 must be deposited into the account. Moneys in the account may only be spent after appropriation. Expenditures from the account, not including moneys transferred to the general fund, may be used only to carry out the purposes of chapters 18.27 and 70.87 RCW and RCW 43.22.335 through 43.22.430 and 43.22.432 through 43.22.495.
(2) The department shall set the fees deposited in the account at a level that generates revenue that is as near as practicable to the amount of the appropriation to carry out the duties specified in this section.
(3) On the last working day of the first month following each quarterly period, three and one-half percent of all revenues received into the account during the previous quarter from licenses, permits, and registrations, net of refunds paid to customers, must be transferred into the general fund. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the construction registration inspection account to the general fund such amounts as reflect the excess fund balance of the account.
[ 2025 c 424 s 967; 2023 c 213 s 10; 2017 3rd sp.s. c 11 s 4.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2023 c 213 s 10: "Section 10 of 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 June 30, 2023." [ 2023 c 213 s 13.]
Effective date—2017 3rd sp.s. c 11: "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, 2017." [ 2017 3rd sp.s. c 11 s 5.]

catchline: Construction registration inspection account—Fee levels—Transfers.


title: RCW 51.44.200

text:
(1) In order to improve the timely management of claims, the department is authorized to hire additional claims managers to the extent necessary to reach the recommended average claims caseload of 141 claims per claims manager, as identified in the June 2015 consultant's report for the joint legislative audit and review committee.
(2) Beginning July 1, 2031, and not more than every five years thereafter, the department or a third party contracted by the department shall conduct a study to determine the national average caseload per claims manager. The department is authorized to hire additional claims managers to adjust the caseload to be consistent with the national average.
(3) If the department hires additional claims managers under this section, the department must implement procedures to reduce the caseload of claims managers and implement more frequent reviews of cases by claims managers.
(4)(a) Moneys used to hire and retain additional claims managers under subsections (1) and (2) of this section are subject to the allotment of all expenditures pursuant to chapter 43.88 RCW. Expenditures include the salaries and expenses of additional claims managers.
(b) Appropriations are not required for moneys used pursuant to subsections (1) and (2) of this section. Allotted funds may be used only to hire and retain additional claims managers necessary to meet the caseloads described in subsections (1) and (2) of this section.
(5) Beginning December 1, 2026, the director shall provide quarterly reports to the workers' compensation advisory committee established in RCW 51.04.110 summarizing indicators of progress, as determined by the department, on the following since June 11, 2026:
(a) Average claim costs;
(b) The duration of temporary total disability benefits granted to claimants under RCW 51.32.090;
(c) Claim management timeliness and operational efficiency within the workers' compensation system; and
(d) Other measures related to the impact of the additional claims managers hired under this section.
(6) By June 30, 2029, the director shall provide to the appropriate committees of the legislature a report summarizing the impact of additional claims managers hired under this section. The report shall summarize trends in average claim costs, the average duration of temporary total disability benefits granted to claimants under RCW 51.32.090, and standard measures of claim management timeliness and operational efficiency within the workers' compensation system since June 11, 2026.
(7) By December 31, 2032, the joint legislative audit and review committee shall review and report to the appropriate committees of the legislature on whether this section has improved:
(a) The timeliness of claims handling by the department;
(b) Access by injured or occupationally ill workers to timely medical treatment; and
(c) Claims costs, including the effect on medical costs and the duration of temporary disability benefits.
[ 2026 c 175 s 6.]
Notes:
Intent—Application—2026 c 175: See notes following RCW 51.36.010.

catchline: Claim management—Caseload—Reports.


title: RCW 51.48.010

text:
Every employer shall be liable for the penalties described in this title and may also be liable if an injury or occupational disease has been sustained by a worker prior to the time he or she has secured the payment of such compensation to a penalty in a sum not less than fifty percent nor more than one hundred percent of the cost for such injury or occupational disease. Any employer who has failed to secure payment of compensation for his or her workers covered under this title may also be liable to a maximum penalty in a sum of one thousand dollars or in a sum double the amount of premiums incurred prior to securing payment of compensation under this title, whichever is greater, for the benefit of the medical aid fund.
[ 2020 c 277 s 1; 1985 c 347 s 2; 1982 c 63 s 20; 1977 ex.s. c 350 s 69; 1971 ex.s. c 289 s 61; 1961 c 23 s 51.48.010. Prior: 1947 c 247 s 1(4d), part; Rem. Supp. 1947 s 7676d, part.]
Notes:
Effective date—2020 c 277 s 1-7: "Sections 1 through 7 of this act take effect September 1, 2020." [ 2020 c 277 s 9.]
Effective dates—Implementation—1982 c 63: See note following RCW 51.32.095.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Employer's liability for penalties, injury or disease occurring before payment of compensation secured.


title: RCW 51.48.017

text:
(1) Every time a self-insurer unreasonably delays or refuses to pay benefits as they become due, the self-insurer shall pay a penalty not to exceed the greater of $1,000 or 25 percent of: (a) The amount due or (b) each underpayment made to the claimant. For purposes of this section, "the amount due" means the total amount of payments due at the time of the calculation of the penalty.
(2) In making the determination of the penalty amount, the department shall weigh at least the following factors: The amount of any payment delayed, employer communication of the basis for or calculation of the payment, history or past practice of underpayments by the employer, department orders directing the payment, and any required adjustments to the amount of the payment.
(3) The director shall issue an order determining whether there was an unreasonable delay or refusal to pay benefits and the penalty amount owed within 30 days upon the request of the claimant. Such an order shall conform to the requirements of RCW 51.52.050.
(4) The penalty shall accrue for the benefit of the claimant and shall be paid to the claimant with the benefits which may be assessed under this title.
(5) The department may, for a violation of RCW 51.14.180, assess a penalty not to exceed three times the penalties provided in subsection (1) of this section, including adjustments pursuant to RCW 51.48.095.
(6) This section applies to all requests for penalties made after September 1, 2020.
[ 2023 c 293 s 2; 2020 c 277 s 2; 2010 c 8 s 14011; 1985 c 347 s 3; 1971 ex.s. c 289 s 66.]
Notes:
Application—Effective date—2023 c 293: See notes following RCW 51.14.180.
Effective date—2020 c 277 ss 1-7: See note following RCW 51.48.010.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Self-insurer delaying or refusing to pay benefits.


title: RCW 51.48.020

text:
(1)(a) Any employer, who knowingly misrepresents to the department the amount of his or her payroll or employee hours upon which the premium under this title is based, shall be liable to the state for up to ten times the amount of the difference in premiums paid and the amount the employer should have paid and for the reasonable expenses of auditing his or her books and collecting such sums. Such liability may be enforced in the name of the department.
(b) An employer is guilty of a class C felony, if:
(i) The employer, with intent to evade determination and payment of the correct amount of the premiums, knowingly makes misrepresentations regarding payroll or employee hours; or
(ii) The employer engages in employment covered under this title and, with intent to evade determination and payment of the correct amount of the premiums, knowingly fails to secure payment of compensation under this title or knowingly fails to report the payroll or employee hours related to that employment.
(c) Upon conviction under (b) of this subsection, the employer shall be ordered by the court to pay the premium due and owing, a penalty in the amount of one hundred percent of the premium due and owing, and interest on the premium and penalty from the time the premium was due until the date of payment. The court shall:
(i) Collect the premium and interest and transmit it to the department of labor and industries; and
(ii) Collect the penalty and disburse it pro rata as follows: One-third to the investigative agencies involved; one-third to the prosecuting authority; and one-third to the general fund of the county in which the matter was prosecuted.
Payments collected under this subsection must be applied until satisfaction of the obligation in the following order: Premium payments; penalty; and interest.
(d) An employer found to have violated this subsection shall, in addition to any other penalties, be subject to the penalties in RCW 39.12.055.
(2) Any person claiming benefits under this title, who knowingly gives false information required in any claim or application under this title shall be guilty of a felony, or gross misdemeanor in accordance with the theft and anticipatory provisions of Title 9A RCW.
[ 2008 c 120 s 9; 1997 c 324 s 1; 1995 c 160 s 4; 1987 c 221 s 1; 1977 ex.s. c 323 s 22; 1971 ex.s. c 289 s 63; 1961 c 23 s 51.48.020. Prior: 1947 c 247 s 1(4d), part; Rem. Supp. 1947 s 7676d, part.]
Notes:
Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030.
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Employer's false reporting or failure to secure payment of compensation—False information by claimants—Unlawful actions—Penalties.


title: RCW 51.48.022

text:
(1) In addition to the penalties provided by this chapter, an employer performing services that require registration under chapter 18.27 RCW or licensing under chapter 18.106 or 19.28 RCW who violates RCW 51.14.010 may be subject to a stop work order issued under this section.
(2) If the director determines after an investigation that an employer is in violation of RCW 51.14.010, the director may issue a stop work order against the employer requiring the cessation of business operations of the employer. Service of the order must be in accordance with subsection (3) of this section.
(3) When a stop work order is served on a worksite by posting a copy of the stop work order in a conspicuous location at the worksite, it is effective as to the employer's operations on that worksite. When a stop work order is served on the employer, the order is effective to all employer worksites for which the employer is not in compliance. Business operations of the employer must cease immediately upon service consistent with the stop work order. The order remains in effect until the director issues an order releasing the stop work order upon finding that the employer has come into compliance and has paid any premiums, penalties, and interest under this title or issues an order of conditional release pursuant to subsection (6) of this section.
(4) An employer who violates a stop work order is subject to a $1,000 penalty for each day not in compliance.
(5) An employer against whom a stop work order has been issued may request reconsideration from the department or may appeal to the board of industrial insurance appeals. The request must be made in writing to the department or the board within 10 days of receiving the stop work order at the worksite or in person. If the department conducts a reconsideration, it must be concluded within 10 days of receiving the request for reconsideration by the employer. The stop work order remains in effect during the period of reconsideration or appeal, unless the employer furnishes to the department a cash deposit or bond in the amount of $5,000 or $1,000 per covered worker identified, whichever is greater. At time of a final order upholding a stop work order, the bond or cash deposit will be seized and applied to the premium, penalty, and interest balance of that employer. In an appeal before the board, the appellant has the burden of proceeding with the evidence to establish a prima facie case for the relief sought in such appeal. RCW 51.52.080 through 51.52.106 govern appeals under this section. Further appeals taken from a final decision of the board under this section are governed by the provisions relating to judicial review of administrative decisions contained in RCW 34.05.510 through 34.05.598, and the department has the same right of review from the board's decisions as do employers.
(6) The director may issue an order of conditional release from the stop work order if the employer has complied with the coverage requirements of this title and agreed to pay premiums, penalties, and interest through a payment schedule. If the terms of the schedule are not met, the stop work order may be reinstated and the unpaid balance will become due.
(7) Stop work orders and penalties assessed under this chapter remain in effect against any successor corporation or business entity that has one or more of the same principals or officers as the employer against whom the stop work order was issued and which is engaged in the same or equivalent trade or activity.
(8) The department may adopt rules to carry out this section.
[ 2023 c 88 s 13; 2009 c 196 s 1.]

catchline: Failure to secure payment of compensation—Stop work order—Penalty—Rules.


title: RCW 51.48.025

text:
(1) No employer may discharge or in any manner discriminate against any employee because such employee has filed or communicated to the employer an intent to file a claim for compensation or exercises any rights provided under this title. However, nothing in this section prevents an employer from taking any action against a worker for other reasons including, but not limited to, the worker's failure to observe health or safety standards adopted by the employer, or the frequency or nature of the worker's job-related accidents.
(2) Any employee who believes that he or she has been discharged or otherwise discriminated against by an employer in violation of this section may file a complaint with the director alleging discrimination within ninety days of the date of the alleged violation. Upon receipt of such complaint, the director shall cause an investigation to be made as the director deems appropriate. Within ninety days of the receipt of a complaint filed under this section, the director shall notify the complainant of his or her determination. If upon such investigation, it is determined that this section has been violated, the director shall bring an action in the superior court of the county in which the violation is alleged to have occurred.
(3) If the director determines that this section has not been violated, the employee may institute the action on his or her own behalf.
(4) In any action brought under this section, the superior court shall have jurisdiction, for cause shown, to restrain violations of subsection (1) of this section and to order all appropriate relief including rehiring or reinstatement of the employee with back pay.
[ 1985 c 347 s 8.]

catchline: Retaliation by employer prohibited—Investigation—Remedies.


title: RCW 51.48.030

text:
(1) Every employer who fails to keep and preserve the records required by this title or fails to make the reports provided in this title shall be subject to a penalty determined by the director but not to exceed five hundred dollars or two hundred percent of the quarterly tax for each such offense, whichever is greater. Any employer who fails to keep and preserve the records adequate to determine taxes due shall be forever barred from questioning, in an appeal before the board of industrial insurance appeals or the courts, the correctness of any assessment by the department based on any period for which such records have not been kept and preserved.
(2) The department may waive penalties for first-time or de minimis violations of this section. Any penalty that is waived under this section may be reinstated and imposed in addition to any additional penalties associated with a subsequent violation or failure within a year to correct the previous violation as required by the department.
[ 2020 c 277 s 3; 1986 c 9 s 8; 1985 c 347 s 4; 1982 c 63 s 21; 1971 ex.s. c 289 s 64; 1961 c 23 s 51.48.030. Prior: 1947 c 247 s 1(4d), part; Rem. Supp. 1947 s 7676d, part.]
Notes:
Effective date—2020 c 277 ss 1-7: See note following RCW 51.48.010.
Effective dates—Implementation—1982 c 63: See note following RCW 51.32.095.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Failure to keep records and make reports.


title: RCW 51.48.040

text:
(1) The books, records and payrolls of the employer pertinent to the administration of this title shall always be open to inspection by the department or its traveling auditor, agent or assistant, for the purpose of ascertaining the correctness of the payroll, the persons employed, and such other information as may be necessary for the department and its management under this title.
(2) Refusal on the part of the employer to submit his or her books, records and payrolls for such inspection to the department, or any assistant presenting written authority from the director, shall subject the offending employer to a penalty determined by the director but not to exceed five hundred dollars for each offense and the individual who personally gives such refusal is guilty of a misdemeanor.
(3) Any employer who fails to allow adequate inspection in accordance with the requirements of this section is subject to having its certificate of coverage revoked by order of the department and is forever barred from questioning in any proceeding in front of the board of industrial insurance appeals or any court, the correctness of any assessment by the department based on any period for which such records have not been produced for inspection.
[ 2020 c 277 s 4; 2003 c 53 s 282; 1986 c 9 s 9; 1985 c 347 s 5; 1961 c 23 s 51.48.040. Prior: 1911 c 74 s 15, part; RRS s 7690, part.]
Notes:
Effective date—2020 c 277 ss 1-7: See note following RCW 51.48.010.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Inspection of employer's records.


title: RCW 51.48.050

text:
It shall be unlawful for any employer to directly or indirectly demand or collect from any of his or her workers any sum of money whatsoever for or on account of medical, surgical, hospital, or other treatment or transportation of injured workers, other than as specified in RCW 51.16.140, and any employer who directly or indirectly violates the foregoing provisions of this section shall be liable to the state for the benefit of the medical aid fund in ten times the amount so demanded or collected, and such employer and every officer, agent, or servant of such employer knowingly participating therein shall also be guilty of a misdemeanor.
[ 1980 c 14 s 13. Prior: 1977 ex.s. c 350 s 70; 1977 ex.s. c 323 s 23; 1961 c 23 s 51.48.050; prior: 1917 c 28 s 17; RRS s 7726.]
Notes:
Severability—Effective date—1977 ex.s. c 323: See notes following RCW 51.04.040.

catchline: Liability for illegal collections for medical aid.


title: RCW 51.48.055

text:
(1) Upon termination, dissolution, or abandonment of a corporate or limited liability company business, any officer, member, manager, or other person having control or supervision of payment and/or reporting of industrial insurance, or who is charged with the responsibility for the filing of returns, is personally liable for any unpaid premiums and interest and penalties on those premiums if such officer or other person willfully fails to pay or to cause to be paid any premiums due the department under chapter 51.16 RCW.
For purposes of this subsection "willfully fails to pay or to cause to be paid" means that the failure was the result of an intentional, conscious, and voluntary course of action.
(2) The officer, member, manager, or other person is liable only for premiums that became due during the period he or she had the control, supervision, responsibility, or duty to act for the corporation described in subsection (1) of this section, plus interest and penalties on those premiums.
(3) The officer, member, manager, or other person is not liable if that person is not exempt from mandatory coverage under RCW 51.12.020 and was directed not to pay the employer's premiums by someone who is exempt.
(4) The officer, member, manager, or other person is not liable if all of the assets of the corporation or limited liability company have been applied to its debts through bankruptcy or receivership.
(5) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures under RCW 51.48.131.
(6) This section does not relieve the corporation or limited liability company of its liabilities under Title 51 RCW or otherwise impair other tax collection remedies afforded by law.
(7) Collection authority and procedures prescribed in this chapter apply to collections under this section.
[ 2004 c 243 s 3.]
Notes:
Adoption of rules—2004 c 243: See note following RCW 51.08.177.

catchline: Termination, dissolution, or abandonment of business—Personal liability for unpaid premiums.


title: RCW 51.48.060

text:
Any physician or licensed *advanced registered nurse practitioner who fails, neglects or refuses to file a report with the director, as required by this title, within five days of the date of treatment, showing the condition of the injured worker at the time of treatment, a description of the treatment given, and an estimate of the probable duration of the injury, or who fails or refuses to render all necessary assistance to the injured worker, as required by this title, shall be subject to a civil penalty determined by the director but not to exceed five hundred dollars.
[ 2020 c 277 s 5; 2004 c 65 s 14; 1985 c 347 s 6; 1977 ex.s. c 350 s 71; 1971 ex.s. c 289 s 20; 1961 c 23 s 51.48.060. Prior: 1927 c 310 s 6(e), part; 1921 c 182 s 7, part; 1911 c 74 s 12, part; RRS s 7686(e), part.]
Notes:
*Reviser's note: The term "advanced registered nurse practitioner" was changed to "advanced practice registered nurse" by 2024 c 239 s 1, effective June 30, 2027.
Effective date—2020 c 277 ss 1-7: See note following RCW 51.48.010.
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.
PDF
RCW 51.48.060
Physician or licensed advanced practice registered nurse—Failure to report or comply. (Effective June 30, 2027.)
Any physician or licensed advanced practice registered nurse who fails, neglects or refuses to file a report with the director, as required by this title, within five days of the date of treatment, showing the condition of the injured worker at the time of treatment, a description of the treatment given, and an estimate of the probable duration of the injury, or who fails or refuses to render all necessary assistance to the injured worker, as required by this title, shall be subject to a civil penalty determined by the director but not to exceed five hundred dollars.
[ 2025 c 58 s 5119; 2020 c 277 s 5; 2004 c 65 s 14; 1985 c 347 s 6; 1977 ex.s. c 350 s 71; 1971 ex.s. c 289 s 20; 1961 c 23 s 51.48.060. Prior: 1927 c 310 s 6(e), part; 1921 c 182 s 7, part; 1911 c 74 s 12, part; RRS s 7686(e), part.]
Notes:
Effective date—2025 c 58 ss 5058-5170: See note following RCW 7.68.030.
Explanatory note—2025 c 58: See note following RCW 1.16.050.
Effective date—2020 c 277 ss 1-7: See note following RCW 51.48.010.
Report to legislature—Effective date—Severability—2004 c 65: See notes following RCW 51.04.030.
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Physician or licensed advanced registered nurse practitioner—Failure to report or comply. (Effective until June 30, 2027.)


title: RCW 51.48.075

text:
The department shall, working with business associations and other employer and employee groups when practical, publish information and provide training to promote understanding of the premium liability that may be incurred under this chapter.
[ 2004 c 243 s 5.]
Notes:
Adoption of rules—2004 c 243: See note following RCW 51.08.177.

catchline: Information and training on premium liability.


title: RCW 51.48.080

text:
(1) Every person, firm, or corporation who violates or fails to obey, observe, or comply with any statutory provision of this title or rule of the department promulgated under authority of this title, shall be subject to a penalty of not to exceed $1,000.
(2) The department may, for a violation of RCW 51.14.180, assess a penalty not to exceed three times the penalties provided in subsection (1) of this section, including adjustments pursuant to RCW 51.48.095.
[ 2023 c 293 s 1; 2020 c 277 s 6; 1985 c 347 s 7; 1961 c 23 s 51.48.080. Prior: 1915 c 188 s 8; RRS s 7704.]
Notes:
Application—Effective date—2023 c 293: See notes following RCW 51.14.180.
Effective date—2020 c 277 ss 1-7: See note following RCW 51.48.010.

catchline: Violation of rules.


title: RCW 51.48.090

text:
Civil penalties to the state under this title shall be collected by civil action in the name of the state and paid into the accident fund unless a different fund is designated.
[ 1961 c 23 s 51.48.090. Prior: (i) 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676d, part. (ii) 1911 c 74 s 15, part; RRS s 7690, part. (iii) 1917 c 28 s 17, part; RRS s 7726, part.]

catchline: Collection.


title: RCW 51.48.095

text:
(1) The penalties payable pursuant to this chapter shall be adjusted for inflation every three years, beginning July 1, 2023, based upon changes in the consumer price index during that time period.
(2) For purposes of this section, "consumer price index" means, for any calendar year, that year's average consumer price index for the Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
(3) During the last quarter of the year preceding the scheduled inflationary adjustment, the department will gather stakeholder comment on the anticipated adjustment.
[ 2020 c 277 s 7.]
Notes:
Effective date—2020 c 277 ss 1-7: See note following RCW 51.48.010.

catchline: Adjustment for inflation.


title: RCW 51.48.100

text:
(1) The director may waive the whole or any part of any penalty charged under this title.
(2) Until June 30, 1986: (a) The director may, at his or her discretion, declare a penalty-free period of no more than three months only for employers who have never previously registered under RCW 51.16.110 for eligible employees under Title 51 RCW; and (b) such employers may qualify once for penalty-free status upon payment of up to one year's past due premium in full and satisfaction of the requirements of RCW 51.16.110. Such employers shall be subject to all penalties for any subsequent failure to comply with the requirements of this title.
[ 1985 c 227 s 1; 1961 c 23 s 51.48.100. Prior: 1947 c 247 s 1, part; Rem. Supp. 1947 s 7676d, part.]
Notes:
Effective date—1985 c 227: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [ 1985 c 227 s 2.]

catchline: Waiver—Penalty-free periods.


title: RCW 51.48.103

text:
(1) It is a gross misdemeanor:
(a) For any employer to engage in business subject to this title without having obtained a certificate of coverage as provided for in this title;
(b) For the president, vice president, secretary, treasurer, or other officer of any company to cause or permit the company to engage in business subject to this title without having obtained a certificate of coverage as provided for in this title.
(2) It is a class C felony punishable according to chapter 9A.20 RCW:
(a) For any employer to engage in business subject to this title after the employer's certificate of coverage has been revoked by order of the department;
(b) For the president, vice president, secretary, treasurer, or other officer of any company to cause or permit the company to engage in business subject to this title after revocation of a certificate of coverage.
(3) An employer found to have violated this section shall, in addition to any other penalties, be subject to the penalties in RCW 39.12.055.
[ 2008 c 120 s 8; 2003 c 53 s 283; 1986 c 9 s 12.]
Notes:
Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Engaging in business without certificate of coverage—Unlawful actions—Penalties.


title: RCW 51.48.105

text:
The penalties provided under this title for failure to apply for coverage for employees as required by the provisions of Title 51 RCW, the worker's compensation law, shall not be applicable prior to March 1, 1972, as to any employer whose work first became subject to this title on or after January 1, 1972.
[ 1977 ex.s. c 350 s 73; 1972 ex.s. c 78 s 1.]

catchline: Failure to apply for coverage of employees—Not applicable, when.


title: RCW 51.48.110

text:
Where death results from the injury or occupational disease and the deceased leaves no beneficiaries, a self-insurer shall pay into the supplemental pension fund the sum of ten thousand dollars, less any amount that the self-insurer paid under RCW 51.32.040(2) as payment due for the period of time before the worker's death.
[ 1999 c 185 s 2; 1986 c 56 s 1; 1971 ex.s. c 289 s 65.]
Notes:
Effective dates—Severability—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070.

catchline: Decedent having no beneficiaries—Payment into supplemental pension fund.


title: RCW 51.48.120

text:
If any employer should default in any payment due to the state fund the director or the director's designee may issue a notice of assessment certifying the amount due, which notice shall be served upon the employer by mailing such notice to the employer by a method for which receipt can be confirmed or tracked to the employer's last known address or served in the manner prescribed for the service of a summons in a civil action. Such notice shall contain the information that an appeal must be filed with the board of industrial insurance appeals and the director by mail or personally within thirty days of the date of service of the notice of assessment in order to appeal the assessment unless a written request for reconsideration is filed with the department of labor and industries.
[ 2011 c 290 s 7; 1995 c 160 s 5; 1986 c 9 s 10; 1985 c 315 s 6; 1972 ex.s. c 43 s 32.]

catchline: Notice of assessment for default in payments by employer—Issuance—Service—Contents.


title: RCW 51.48.131

text:
A notice of assessment becomes final thirty days from the date the notice of assessment was served upon the employer unless: (1) A written request for reconsideration is filed with the department of labor and industries, or (2) an appeal is filed with the board of industrial insurance appeals and sent to the director of labor and industries by mail or delivered in person. The appeal shall not be denied solely on the basis that it was not filed with both the board and the director if it was filed with either the board or the director. The appeal shall set forth with particularity the reason for the employer's appeal and the amounts, if any, that the employer admits are due.
The department, within thirty days after receiving a notice of appeal, may modify, reverse, or change any notice of assessment, or may hold any such notice of assessment in abeyance pending further investigation, and the board shall thereupon deny the appeal, without prejudice to the employer's right to appeal from any subsequent determinative notice of assessment issued by the department.
The burden of proof rests upon the employer in an appeal to prove that the taxes and penalties assessed upon the employer in the notice of assessment are incorrect. The department shall promptly transmit its original record, or a legible copy thereof, produced by mechanical, photographic, or electronic means, in such matter to the board. RCW 51.52.080 through 51.52.106 govern appeals under this section. Further appeals taken from a final decision of the board under this section are governed by the provisions relating to judicial review of administrative decisions contained in RCW 34.05.510 through 34.05.598, and the department has the same right of review from the board's decisions as do employers.
[ 1989 c 175 s 120; 1987 c 316 s 3; 1985 c 315 s 7.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Notice of assessment for default in payments by employer—Appeal.


title: RCW 51.48.140

text:
If a notice of appeal is not served on the director and the board of industrial insurance appeals pursuant to RCW 51.48.131 within thirty days from the date of service of the notice of assessment, or if a final decision and order of the board of industrial insurance appeals in favor of the department is not appealed to superior court in the manner specified in RCW 34.05.510 through 34.05.598, or if a final decision of any court in favor of the department is not appealed within the time allowed by law, then the amount of the unappealed assessment, or such amount of the assessment as is found due by the final decision and order of the board of industrial insurance appeals or final decision of the court shall be deemed final and the director or the director's designee may file with the clerk of any county within the state a warrant in the amount of the notice of assessment. The clerk of the county wherein the warrant is filed shall immediately designate a superior court cause number for such warrant, and the clerk shall cause to be entered in the judgment docket under the superior court cause number assigned to the warrant, the name of such employer mentioned in the warrant, the amount of the taxes and penalties due thereon, and the date when such warrant was filed. The aggregate amount of such warrant as docketed shall become a lien upon the title to, and interest in all real and personal property of the employer against whom the warrant is issued, the same as a judgment in a civil case duly docketed in the office of such clerk. The sheriff shall thereupon proceed upon the same in all respects and with like effect as prescribed by law with respect to execution or other process issued against rights or property upon judgment in the superior court. Such warrant so docketed shall be sufficient to support the issuance of writs of garnishment in favor of the state in a manner provided by law in case of judgment, wholly or partially unsatisfied. The clerk of the court shall be entitled to a filing fee under RCW 36.18.012(10), which shall be added to the amount of the warrant. A copy of such warrant shall be mailed to the employer within three days of filing with the clerk.
[ 2001 c 146 s 11; 1989 c 175 s 121; 1985 c 315 s 8; 1972 ex.s. c 43 s 34.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Notice of assessment for employer's default in payments—When amount becomes final—Warrant—Execution—Garnishment—Fees.


title: RCW 51.48.150

text:
The director or the director's designee is hereby authorized to issue to any person, firm, corporation, municipal corporation, political subdivision of the state, a public corporation, or any agency of the state, a notice and order to withhold and deliver property of any kind whatsoever when he or she has reason to believe that there is in the possession of such person, firm, corporation, municipal corporation, political subdivision of the state, public corporation, or any agency of the state, property which is or shall become due, owing, or belonging to any employer upon whom a notice of assessment has been served by the department for payments due to the state fund. The effect of a notice and order to withhold and deliver shall be continuous from the date such notice and order to withhold and deliver is first made until the liability out of which such notice and order to withhold and deliver arose is satisfied or becomes unenforceable because of lapse of time. The department shall release the notice and order to withhold and deliver when the liability out of which the notice and order to withhold and deliver arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom the notice and order to withhold and deliver was made that such notice and order to withhold and deliver has been released.
The notice and order to withhold and deliver shall be served by the sheriff of the county or by the sheriff's deputy, by a method for which receipt can be confirmed or tracked, or by any duly authorized representatives of the director. Any person, firm, corporation, municipal corporation, political subdivision of the state, public corporation or any agency of the state upon whom service has been made is hereby required to answer the notice within twenty days exclusive of the day of service, under oath and in writing, and shall make true answers to the matters inquired of in the notice and order to withhold and deliver. In the event there is in the possession of the party named and served with a notice and order to withhold and deliver, any property which may be subject to the claim of the department, such property shall be delivered forthwith to the director or the director's duly authorized representative upon service of the notice to withhold and deliver which will be held in trust by the director for application on the employer's indebtedness to the department, or for return without interest, in accordance with a final determination of a petition for review, or in the alternative such party shall furnish a good and sufficient surety bond satisfactory to the director conditioned upon final determination of liability. Should any party served and named in the notice to withhold and deliver fail to make answer to such notice and order to withhold and deliver, within the time prescribed herein, it shall be lawful for the court, after the time to answer such order has expired, to render judgment by default against the party named in the notice to withhold and deliver for the full amount claimed by the director in the notice to withhold and deliver together with costs. In the event that a notice to withhold and deliver is served upon an employer and the property found to be subject thereto is wages, then the employer shall be entitled to assert in the answer to all exemptions provided for by chapter 6.27 RCW to which the wage earner may be entitled.
[ 2011 c 290 s 8; 1995 c 160 s 6; 1987 c 442 s 1119; 1986 c 9 s 11; 1972 ex.s. c 43 s 35.]

catchline: Notice of assessment for employer's default in payments—Notice to withhold and deliver property due employer.