(1) 
Upon the occurrence of any injury to an employee entitled to compensation under the provisions of this chapter, the employee shall receive proper and necessary medical and surgical services at the hands of a physician and proper and necessary hospital care and services during the period of disability from the injury, as limited herein:
(a) 
In the case of temporary total disability, not to extend beyond the date of claim closure.
(b) 
In the case of permanent partial disability, medical and surgical treatment may be continued if, and so long as, the Claims Administrator deems such continuation necessary to reach maximum medical improvement.
(c) 
In the case of a permanent total disability, not to extend beyond the date on which a lump sum settlement is made to the employee or after they are placed upon the permanent pension roll. The Claims Administrator may authorize continued medical and surgical treatment for conditions previously accepted by the employer when they deem it necessary.
(d) 
Any change of physician after the initial visit for a particular injury under this chapter must be approved by the Claims Administrator, except in the case of a physician-to-physician referral.
(e) 
The physician must be a medical doctor licensed to practice medicine in the State of Washington. Payment for treatment of the employee by chiropractors, physical therapists, nurse practitioners, and medical doctors licensed to practice in a state other than Washington must be approved by the Claims Administrator.
(2) 
When injury to any employee is so serious as to require transportation from the place of injury to a place of treatment, the employer shall furnish transportation to the nearest place of proper treatment.
(Ord. 108 § 108.3.1, 10-6-2006 (Res. 2006-312))
(1) 
Every employee whose injury results in the loss of one or more limbs or eyes shall be provided with proper artificial substitutes.
(2) 
Every employee who suffers an injury to an eye producing an error of refraction shall be once provided proper, and properly equipped, lenses to correct such error of refraction and the employee’s disability rating shall be based upon the loss of sight before correction.
(3) 
Every employee whose hearing aid or eyeglasses or lenses are damaged, destroyed, or lost as a result of an industrial accident shall have the same restored or replaced with substitutes comparable to those lost or damaged.
(4) 
Every employee whose accident results in damage to or destruction of an artificial limb, eye, or tooth shall have the same repaired or replaced.
(5) 
All medical appliances necessary in the treatment of an injured employee, such as braces, belts, casts, and crutches, shall be provided. All mechanical appliances required as permanent equipment after treatment has been completed shall continue to be provided or replaced without regard to the date of the injury or date treatment was completed.
(Ord. 108 § 108.3.2, 10-6-2006 (Res. 2006-312))
(1) 
Residence. Whenever, in the sole discretion of the Workers’ Compensation Committee, it is reasonable and necessary to provide residence modifications to meet the needs and requirements of the employee who has sustained catastrophic injury, the employer may be ordered to pay an amount not to exceed the average annual wage for one year as determined under RCW 51.08.018 toward the cost of the modifications or construction. Such payment shall only be made for the modification or construction of a residence in which the injured employee resides. Only one residence of any employee may be modified or constructed under this subsection, although the Workers’ Compensation Committee may order more than one payment for any one home up to the maximum amount permitted herein.
(2) 
Vehicle. Whenever in the sole discretion of the Workers’ Compensation Committee it is reasonable and necessary to modify a vehicle owned by an employee who has become an amputee or paralyzed because of an injury, the Committee may order up to 50 percent of the average annual wage for one year as calculated in RCW 51.08.018 to be paid toward the costs thereof.
(Ord. 108 § 108.3.3, 10-6-2006 (Res. 2006-312))
(1) 
An employee whose injury is of such a short duration as to bring them within the time limit provisions of TTC § 9.15.190 shall nevertheless receive during the omitted period medical, surgical, and hospital care and service and transportation under the provisions of this chapter.
(2) 
The liability of the employer for medical treatment as provided herein is not affected by the fact that the employee was injured through fault or negligence of a third party not in the same employ, or that suit has been brought against that third party. The employer shall, however, have a cause of action against the third party to recover any amounts paid by the employer pursuant to the provisions of this chapter.
(Ord. 108 § 108.3.4, 10-6-2006 (Res. 2006-312))
(1) 
If an employee is unable to work at their regular, or any, employment, because of their injuries, they will be paid a portion of their regular wages as time loss compensation, as calculated in the temporary or permanent disabilities sections. If a temporarily disabled worker does not fully recover but instead reaches a static impaired condition, the worker’s classification is changed from temporarily disabled to permanently disabled and the worker receives either a pension or a permanent partial disability award.
(2) 
As soon as recovery is so complete that the present earning power of the worker, at any kind of work, is restored to that existing at the time of the occurrence of the injury, the payments shall cease. If and so long as the present earning power is only partially restored, the employee will receive:
(a) 
Payments equal to 80 percent of the actual difference between the worker’s present wages and their earning power at the time of injury, but not to exceed 150 percent of the average monthly wage in the State as computed under RCW 51.08.018.
(b) 
However, no compensation will be payable under this subsection unless the loss of earning power exceeds five percent.
(3) 
In no event shall the monthly payment provided in this section for time loss exceed the maximum amount set forth in RCW 51.32.060.
(Ord. 108 § 108.3.5, 10-6-2006 (Res. 2006-312))
Should an injured employee elect to take sick leave during any period of time they are unable to work, or should the employer continue to pay the injured employee their wages while they are unable to work for any reason, such injured employee shall not receive any compensation under this chapter except for medical benefits and supplies during the time the employee is receiving the sick leave or wages.
(Ord. 108 § 108.3.6, 10-6-2006 (Res. 2006-312))
No employee will receive compensation for or during the day on which the injury was received or the three days following the same, unless their disability continues for a period of 14 consecutive calendar days from the date of injury; provided, that attempts to return to work in the first 14 days following the injury will not break the continuity if the disability continues 14 days after the injury occurred.
(Ord. 108 § 108.3.7, 10-6-2006 (Res. 2006-312))
When a disability is or becomes partial only, and is temporary in character, the worker shall receive, for a period not exceeding two years, that proportion of the payments provided for temporary total disability in TTC § 9.15.220 which the loss of earning power at any kind of work bears to the earning power existing at the time of the occurrence of the injury.
(Ord. 108 § 108.3.8, 10-6-2006 (Res. 2006-312))
(1) 
For any period of time where both parents of a child or children are entitled to compensation due to either a temporary or permanent disability under this chapter, only the parent having the higher wages of the two is entitled to claim their child or children for purposes of increased compensation.
(2) 
Any compensation payable under this chapter for children who are not in the custody of the injured employee as of the date of the injury shall be payable to the person with legal custody of the children.
(Ord. 108 § 108.3.9, 10-6-2006 (Res. 2006-312))
When total disability is only temporary, the schedule of payments outlined in TTC § 9.15.260 for permanent total disability shall apply, so long as the total disability continues.
(1) 
As soon as recovery is so complete that the present earning power of the employee, at any kind of work, is restored to that existing at the time of the injury, the payment will cease.
(2) 
If and so long as the present earning power is only partially restored, payments shall continue according to TTC § 9.15.170.
(3) 
In no event shall the monthly payments for time loss provided in this section exceed the maximum amounts set forth in RCW 51.32.090.
(Ord. 108 § 108.3.10, 10-6-2006 (Res. 2006-312))
(1) 
Whenever the employer requests that an employee entitled to temporary total or temporary partial disability be certified by a physician as able to perform available work other than their usual job, the employer shall furnish the physician, with a copy to the employee, a statement describing the available work in terms that will enable the physician to relate the physical activities of the work to the employee’s disability. The physician shall then determine whether the employee is physically able to perform the work described.
(a) 
If the employee is released by the physician for said work, and the work thereafter comes to an end before the employee’s recovery is sufficient in the judgment of the physician to permit the return to their usual job, or to perform other available work, the employee’s temporary total disability payments shall be resumed.
(b) 
Should the available work described, once undertaken by the employee, impede recovery to the extent that in the judgment of the physician the employee should not continue in that work, temporary total disability payments shall be resumed when the employee ceases such work.
(c) 
Once the employee returns to work as described herein, they shall not be assigned by the employer to work other than the light duty work described without the employee’s written consent, or without prior review and approval by the employee’s physician. In the event of any dispute as to the employee’s ability to perform the work offered by the employer, the Workers’ Compensation Committee shall make the final determination.
(2) 
An employer may, but is not required to, offer light duty work to injured employees who are given a limited release to return to work, but are not yet able to perform their regular job.
(a) 
An employer is not required to make light duty work available while a worker is on limited release. If an employer provides light duty work at a lower wage than the employee’s average hourly wage at the time of the injury, the employee will receive temporary partial disability benefits proportional to the difference between their usual wages and the wages of the light duty job.
(b) 
If the employee refuses the offer of lightduty work then benefits will cease.
(c) 
No loss of earning power compensation will be provided unless there is a five percent or greater difference between the wages.
(Ord. 108 § 108.3.11, 10-6-2006 (Res. 2006-312))
(1) 
All determinations of permanent disabilities shall be made by the Claims Administrator from information supplied by licensed medical doctors whose specific training qualifies them to make an accurate determination. Either the employee or the employer may request a determination of permanent disability; however, the determination can only be made after the employee’s condition becomes fixed. In conjunction with this, the Claims Administrator may require that the employee present themselves for a special medical examination by a physician or physicians selected by the Claims Administrator. In such event, the costs of such examination or interview, including payment of any reasonable travel expenses and wages for any scheduled work hours missed, shall be paid by the fund.
(2) 
The Claims Administrator will reexamine periodically each permanent disability claim for which the Claims Administrator has current payment responsibility, to determine whether the worker is currently permanently incapacitated from regularly performing work at any gainful and suitable occupation. Reexamination will be conducted at least every two years or more frequently if the Workers’ Compensation Committee requires. Reexamination will include medical examinations, reports and other records that the Claims Administrator considers necessary or as the Workers’ Compensation Committee requires. The Claims Administrator will forward to the Workers’ Compensation Committee the results of each reexamination.
(Ord. 108 § 108.3.12, 10-6-2006 (Res. 2006-312))
(1) 
For the permanent partial disabilities described in RCW 51.32.080(1)(a), the injured employee shall receive compensation according to the schedule set out in RCW 51.32.080.
(2) 
Compensation for amputation of a member or part thereof at a site other than those described in RCW 51.32.080, and for loss of central visual acuity and loss of hearing other than complete, shall be in proportion to that which such amputation or partial loss of visual acuity or hearing most closely resembles and approximates.
(3) 
The total compensation for all unspecified permanent partial disabilities resulting from the same injury shall not exceed the amount mandated for total bodily impairment, except that the total compensation for all unspecified permanent partial disabilities involving injuries to the back that do not have marked objective clinical findings to substantiate the disability and which result from the same injury shall not exceed 75 percent of the amount allowed for total bodily impairment in RCW 51.32.080.
(4) 
If permanent partial disability compensation is followed by permanent total disability compensation, any portion of the permanent partial disability compensation which exceeds the amount that would have been paid the injured employee if permanent total disability compensation had been paid in the first instance shall be deducted from the pension reserve of the injured employee and his monthly compensation payments will be reduced accordingly.
(5) 
Should an employee receive an injury to a member or part of their body already, from whatever cause, permanently partially disabled, resulting in amputation thereof or aggravation or increase in such permanent partial disability, but not resulting in the permanent total disability of such employee, their compensation for such partial disability will be adjudged with regard to the previous disability of the injured member or part and the degree of the extent of the aggravation or increase of the disability.
(6) 
When compensation provided under this section exceeds three times the average monthly wage calculated in RCW 51.08.018, payment will be made in monthly payments until such compensation is paid in full, except that the first monthly payment will be in an amount equal to three times the average monthly wage, and interest will be paid at eight percent on the unpaid balance commencing with the second monthly payment.
(Ord. 108 § 108.3.13, 10-6-2006 (Res. 2006-312))
(1) 
When the Claims Administrator determines that permanent total disability results from the injury, the employee shall receive on a monthly basis, during the period of disability:
(a) 
If married at the time of the injury, 65 percent of their monthly wages, but not less than $215.00 per month.
(b) 
If married with one child at the time of the injury, 67 percent of their monthly wages, but not less than $252.00 per month.
(c) 
If married with two children at the time of the injury, 69 percent of their monthly wages, but not less than $283.00 per month.
(d) 
If married with three children at the time of the injury, 71 percent of their monthly wages, but not less than $306.00 per month.
(e) 
If married with four children at the time of the injury, 73 percent of their monthly wages, but not less than $329.00 per month.
(f) 
If married with five or more children at the time of the injury, 75 percent of their monthly wages, but not less than $352.00 per month.
(g) 
If unmarried with one child at the time of the injury, 62 percent of their monthly wages, but not less than $222.00 per month.
(h) 
If unmarried with two children at the time of the injury, 64 percent of their monthly wages, but not less than $253.00 per month.
(i) 
If unmarried with three children at the time of the injury, 66 percent of their monthly wages, but not less than $276.00 per month.
(j) 
If unmarried with four children at the time of the injury, 68 percent of their monthly wages, but not less than $299.00 per month.
(k) 
If unmarried with five or more children at the time of the injury, 70 percent of their monthly wages but not less than $322.00 per month.
(2) 
If the character of the injury is such that it renders the employee so physically helpless as to require hiring an attendant, the employer shall make monthly payments to such attendant for their services as long as the requirement continues.
(Ord. 108 § 108.3.14, 10-6-2006 (Res. 2006-312))
Every employee who becomes eligible for permanent total disability must select one of the three options listed below. Once an employee has selected an option, then if the employee should die during the period of permanent disability, whatever the cause of death, leaving a spouse or any dependents, payment shall be made in the manner and in the amounts as provided for by the option selected. If, however, an employee dies from a cause related to the injury during a period of permanent total disability, then their beneficiaries shall receive benefits under TTC § 9.15.300.
(1) 
Option I. An injured employee selecting this option will receive the benefits provided under TTC § 9.15.260. The benefits will cease upon the employee’s death, with no benefits being paid to the worker’s surviving spouse, children, or others. The employee must make the election in writing and the employee’s spouse, if any, must consent in writing as a prerequisite to electing this option.
(2) 
Option II. An injured employee selecting this option shall receive an actuarially reduced benefit, which upon death will be continued throughout the life of and be paid to the surviving spouse, child, or other dependent. The employee selecting this option must nominate the person to whom the benefits will be paid, in writing, at the time of the selection.
(3) 
Option III. An injured employee selecting this option shall receive an actuarially reduced benefit and, upon death, one-half of the reduced benefit shall be continued throughout the life of and be paid to the surviving spouse, child, or other dependent. The employee selecting this option must nominate the person to whom the benefits will be paid, in writing, at the time of the selection.
(Ord. 108 § 108.3.15, 10-6-2006 (Res. 2006-312))
(1) 
Social Security Offset. For persons under the age of 65 receiving compensation for temporary or permanent total disability as provided in this chapter:
(a) 
Compensation provided under this chapter will be reduced by an amount equal to the benefits payable under the Federal Old-Age, Survivors and Disability Insurance Act, as now and hereafter amended, not to exceed the amount of reduction established pursuant to 42 U.S.C. 424a. However, compensation will not be reduced when the workers’ compensation provided herein combined with the Federal Old-Age, Survivors and Disability Insurance Act is less than the total benefit to which the Federal reduction would apply pursuant to 42 U.S.C. 424a.
(b) 
Where any person described in this section refuses to authorize the release of information concerning the amount of benefits payable to them under the Federal act, the employer’s estimate of the amount shall be deemed correct unless and until the actual amount is established. No adjustment will be made for any period of time covered by such refusal where the employer’s estimate is incorrect.
(c) 
Any reduction under this subsection (1) shall be effective the month following the month in which the employer is notified by the Federal Social Security Administration that the person is receiving disability benefits under the Federal act.
(2) 
Awards Through Other Compensatory Schemes. Where an employee is receiving payment under the workers’ compensation provisions of another political entity, it does not bar a claim for compensation under this chapter. However, the total amount of compensation paid to an injured employee under the other workers’ compensation law will be credited against the compensation due the employee or their beneficiary under this chapter.
(3) 
Failure to Follow Safety Procedures. Where an employee fails to follow standard operating safety procedures, including but not limited to failure to use safety devices or obey any reasonable rule adopted for the safety of employees, the award for any injury or occupational disease will be reduced by 15 percent.
(4) 
In the event of an overpayment of benefits, the employer may not recover more than the over-payments for the six months immediately proceeding the date the employer notifies the employee that overpayment has occurred.
(5) 
Upon a determination that there has been an overpayment, the employer shall immediately notify the person who received it that they will be required to make repayment pursuant to TTC § 9.15.420.
(Ord. 108 § 108.3.16, 10-6-2006 (Res. 2006-312))
Should a further accident occur to an employee receiving compensation for a temporary disability, or who has been paid or awarded compensation for a permanent disability, the award of compensation for such further injury will be made with regard to the combined effect of the injuries of the employee and past receipt of money for such disabilities.
(Ord. 108 § 108.3.17, 10-6-2006 (Res. 2006-312))
If death results from an injury, payment will be made as follows:
(1) 
The expenses of burial, including transportation of the body, will be paid, but not exceeding the amount allowed for burial expenses under RCW 51.32.050.
(2) 
An amount equal to 100 percent of the average monthly wage as defined in RCW 51.08.018 will be paid to any surviving spouse, or child or children of a deceased employee if there is no surviving spouse, or dependent parent or parents, if there is no surviving spouse or child. Any such children or parent shall share and share alike the aforementioned amount.
(3) 
A surviving spouse of a deceased employee eligible for benefits under this chapter will receive, in addition to the lump sum payment in subsection (2) of this section, until remarriage, monthly payments as follows:
(a) 
If there are no children of the deceased employee, 60 percent of the deceased employee’s wages, but not less than $185.00;
(b) 
If there is one child of the deceased employee in the legal custody of the surviving spouse, 62 percent of the deceased employee’s monthly wages, but not less than $222.00;
(c) 
If there are two children of the deceased employee in the legal custody of the surviving spouse, 64 percent of the deceased employee’s monthly wages, but not less than $253.00;
(d) 
If there are three children of the deceased employee in the legal custody of the surviving spouse, 66 percent of the deceased employee’s monthly wages, but not less than $276.00;
(e) 
If there are four children of the deceased employee in the legal custody of the surviving spouse, 68 percent of the deceased employee’s monthly wages, but not less than $299.00;
(f) 
If there are five or more children of the deceased employee in the legal custody of the surviving spouse, 70 percent of the deceased employee’s monthly wages, but not less than $322.00.
(4) 
Where the surviving spouse does not have legal custody of any child or children of the deceased employee or where after the death of the employee legal custody of their child or children passes from the surviving spouse to another, any payment on account of the child or children not in the legal custody of the surviving spouse will be made to the person or people having the legal custody of the deceased employee’s children. The amount of the payments will be five percent of the monthly benefits payable as a result of the employee’s death for each child, but not to exceed 25 percent. The payments on account of such surviving children shall be subtracted from the amount to which the surviving spouse would have been entitled had they had legal custody of all of the children and the surviving spouse will receive the remainder after the payments for the surviving children have been deducted. The payments on account of a child or children not in the legal custody of the surviving spouse will be apportioned equally to all eligible children.
(5) 
Payments to the surviving spouse of the deceased employee will cease at the end of the month in which remarriage occurs; however, the monthly payment made on behalf of the child or children of the deceased employee shall continue following the surviving spouse’s remarriage in a sum equal to five percent of the deceased employee’s monthly wages for each child, not to exceed 25 percent, and shall be apportioned equally among all eligible children. Payments made pursuant to this section on behalf of the surviving children will be placed into an account for the benefit of the children unless they are 18 or older and then payments will be made directly to the child or children.
(6) 
If there is a child or children but no surviving spouse of the deceased employee, or the surviving spouse is not eligible to receive benefits under this chapter, benefits will be paid to the child or children as follows:
(a) 
For one child a sum equal to 35 percent of the deceased employee’s wages shall be paid monthly;
(b) 
For each additional child the benefits will be increased by an amount equal to 15 percent of the deceased employee’s wages but not to exceed 65 percent of the deceased employee’s wages;
(c) 
Where there is more than one child the total sum will be divided equally among all children.
(7) 
If the employee leaves no surviving spouse or child, but leaves a dependent or dependents, a monthly payment will be made to each dependent equal to 50 percent of the average monthly support actually received by such dependent from the employee during the 12 months preceding the occurrence of the injury, but the total payment to all dependents in any case shall not exceed 65 percent of the wages of the deceased employee at the time of death or 75 percent of the average monthly wage as calculated in RCW 51.08.018, whichever is less. If any dependent is under the age of 18 years old at the time of the occurrence of the injury, the payment to that dependent will cease when they reach 18, except that such payments will continue until the dependent reaches 23, while enrolled fulltime in an accredited school. The payment will cease if and when, under the same circumstances, the necessity creating the dependency would have ceased if the injury had not happened.
(8) 
If the employee leaves no surviving spouse, child, or dependent, a lump sum payment of $10,000 will be paid to the employee’s estate, in addition to benefits provided for burial in subsection (1) of this section.
(Ord. 108 § 108.3.18, 10-6-2006 (Res. 2006-312))
(1) 
Where an employee has been awarded compensation for permanent partial disability, and the award has become final by operation of law or waiver of the right to appeal, the Workers’ Compensation Committee may, in its discretion, upon the employee’s application, order all or any part of the remaining unpaid award to be paid to the employee in a lump sum.
(2) 
In all cases where the award for permanent partial disability does not exceed the average monthly wages in the State, as calculated by RCW 51.08.018, the Claims Administrator shall pay the total award in a lump sum.
(3) 
An injured employee or surviving spouse may apply to have their monthly payments converted, in whole or in part, into a lump sum payment, in which event the monthly payment will cease in whole or in part. Each application for conversion will be decided by the Committee on the merits of the individual application.
(Ord. 108 § 108.3.19, 10-6-2006 (Res. 2006-312))
No money paid or payable under this chapter will, before the issuance and delivery of the check or warrant, be assignable, charged or taken in execution, attached, garnished or pass or be payable to any person by operation of law, any form of voluntary assignment, or power of attorney.
(Ord. 108 § 108.3.20, 10-6-2006 (Res. 2006-312))