Workers' Compensation in Washington
Issue Overview: Currently, when there is a decision to end time/loss benefits and the employee appeals, the worker is not paid any additional time/loss benefits while the appeal is pending. However, in some cases, the Department of Labor and Industries can continue to pay "conditional" time-loss benefits while an appeal is pending, and if the worker losses the appeal, the worker is supposed to pay back the "conditional" time-loss benefits they received.
Issue Background: Under House Bill 3139 and Senate Bill 6750, an injured worker who appeals a decision to stop paying time/loss benefits would be paid time/loss benefits during the appeal, unless the Board of Industrial Insurance Appeals orders that the benefits be stopped. The big concern for small business owners is that most workers who receive time/loss benefits while an appeal is pending and who lose the appeal will not be able to pay back the time/loss benefits they should not have received. In addition, the department has the authority to waive the repayment of benefits in certain situations and that waiver is used quite often.
NFIB Position: NFIB opposes HB 3139 and SB 6750.
Issue Status: HB 3139 passed the House of Representatives and is in the Senate Rules Committee.
