Washington State House Bill 1336, sponsored by Representatives Kirby, Sells, and Appleton, was passed by the Senate on March 2nd, 2018. Governor Inslee signed the bill into law last week. Brian Wright attended the signing ceremony, celebrating the conclusion of this process over the 2017 and 2018 regular sessions.
This change amends the statute that governs the offset of workers’ compensation benefits paid when an injured worker is also receiving Social Security disability or retirement benefits, as follows:
Sec. 1. RCW 51.32.225 and 2006 c 163 s 1 are each amended to read as follows:
(1) For persons receiving compensation for temporary or permanent total disability under this title, the compensation shall be reduced by the department to allow an offset for social security retirement benefits payable under the federal social security, old age survivors, and disability insurance act, 42 U.S.C. This reduction shall not apply to any worker who is receiving permanent total disability benefits prior to July 1, 1986. This reduction does not apply to workers who had applied to receive social security retirement benefits prior to the date of their injury or to workers who were receiving social security benefits prior to their injury.
(2) Reductions for social security retirement benefits under this section shall comply with the procedures in RCW 51.32.220 (1) through (6) and with any other procedures established by the department to administer this section. For any worker whose entitlement to social security retirement benefits is immediately preceded by an entitlement to social security disability benefits, the offset shall be based on the formulas provided under 42 U.S.C. Sec. 424a. For all other workers entitled to social security retirement benefits, the offset shall be based on procedures established and determined by the department to most closely follow the intent of RCW 51.32.220.
(3) Any reduction in compensation made under chapter 58, Laws of 1986, shall be made before the reduction established in this section.
Sec. 2. This act applies to claims with dates of injury on or after the effective date of this section.