SB 5368 — Expanding access to the workers' compensation stay-at-work program through off-site light duty return to work opportunities.

ENGROSSEDS-0517.1 SUBSTITUTE SENATE BILL 5368 State of Washington 68th Legislature 2023 Regular Session By Senate Labor & Commerce (originally sponsored by Senators Keiser, King, Conway, Schoesler, Randall, Torres, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 02/08/23.01/13/23.

Referred to Committee on Labor & Commerce.

Data from the department of labor and industries indicatesillustrates that the program has loweredbeen successful for both workers and employers by lowering the risk of long-term disability and canimproving improve mental health and well-well-being beingthrough forthe workersreturn whoof returnmore workers to positions that allow for the time necessary for healing and rehabilitation.

(2) However, current lawpolicy only allows for light duty or transitional return to work with the employer of injury, limiting opportunities and creating inequities for workers and employers.

Workers,Frontline workers, particularly in small businesses, are less likely to have access to remote light duty work.

Injured workers who move out-of-out-of-state state are also less likely to have access to return-to-work p.

1 ESSBSB 5368 have access to return-to-work opportunities, especially when the employer of injury cannot offer remote work options.

Inequitable access to return to work is more acute for lower wage workers, many of whom are frontline workers.

The COVID-19 pandemic has illuminated the particularly limited and inequitable access to return to work between frontline and remote workers.

WorkersThis eligibleis for the expanded program pursuant to RCW 51.32.090(4)(m) will receive a writtenproven noticeapproach in their preferred language that theyhas havebeen asuccessful rightwith toreturn-to-work rejectemployment aagencies specificnationally lightand dutywithin jobthe withstate. a specific nonprofit.

RCW 51.32.090 and 20232011 c1st 171sp.s. s 7 are each amended to read as follows:

c 37 s 101 are each amended to read as follows:

(A) The total of these payments and the worker's present wages may not exceed onep. hundred fifty percent of the average monthly wage in the state as computed under RCW 51.08.018;

(B)2 theSB payments5368 may not exceed one hundred fifty percent of the entitlementaverage monthly wage in the state as computed under subsectionRCW (1)51.08.018; p.

2(B) ESSBthe 5368payments may not exceed one hundred percent of the entitlement as computed under subsection (1) of this section;

(b)(i)(b) Whenever the employer of injury requests that a worker who is entitled to temporary total disability under this chapter be certified by thea attendingphysician provideror licensed advanced registered nurse practitioner as able to perform available work other than his or her usual work, the employer shall furnish to the attendingphysician provider,or licensed advanced registered nurse practitioner, with a contemporaneous copy to the workerworker, in their preferred language, a ((statementstatement describing the)) written job description of the light duty or transitional work available with the employer of injury, or with aan approved nonprofit organization or charity pursuant to (m) of this subsection, in terms that will enable the attendingphysician provideror licensed advanced registered nurse practitioner to relate the physical activities of the job to the worker's disability.

The attendingphysician provideror licensed advanced registered nurse practitioner shall then determine whether the worker is physically able to perform the work described.

IfThe moreworker's thantemporary 21total calendardisability dayspayments haveshall passedcontinue sinceuntil the attendingworker provider'sis lastreleased appointmentby withhis theor worker,her thephysician attendingor providerlicensed mayadvanced meetregistered withnurse practitioner for the worker,work, ifand begins the attendingwork providerwith deemsthe necessary,employer toof determineinjury whetheror thewith workeran isapproved ablenonprofit pursuant to perform(m) theof work.this subsection.

TheIf attendingthe provider'swork determinationthereafter mustcomes beto sharedan withend bothbefore the workerworker's andrecovery employer.is sufficient in the judgment of his or her physician or licensed advanced registered nurse practitioner to permit him or her to return to his or her usual job, or to perform other available work offered by the employer of injury, the worker's temporary total disability payments shall be resumed.

(ii)Should The worker shall accept or decline the lightp. duty job offer within seven days after receiving notification that the attending provider has approved the job description.

Failure3 toSB timely5368 acceptavailable awork validdescribed, lightonce dutyundertaken jobby offerthe shallworker, resultimpede his or her recovery to the extent that in terminationthe judgment of his or her physician or licensed advanced registered nurse practitioner he or she should not continue to work, the worker's temporary total disability benefitspayments exceptshall asbe describedresumed underwhen (m)(v)the ofworker thisceases subsection.such work.

(iii)(c) TheTo worker'sfurther temporaryencourage totalemployers disabilityto paymentsmaintain shallthe continueemployment untilof their injured workers, an employer insured with the department and that offers work to a worker ispursuant releasedto bythis ((hissubsection (4) shall be eligible for reimbursement of the injured worker's wages for light duty or her))transitional theirwork p.equal to fifty percent of the basic, gross wages paid for that work, for a maximum of ((sixty-six)) 66 workdays within a consecutive ((twenty-four)) 24-month period.

3 ESSB 5368 attending provider for the work, and begins the light duty work with the employer of injury or with a nonprofit organization or charity pursuant to (m) of this subsection.

If the light duty or transitional work thereafter comes to an end before the worker's recovery is sufficient in the judgment of his or her attending provider to permit him or her to return to his or her usual job, or to perform other available work offered ((by the employer of injury)) pursuant to this section, the worker's temporary total disability payments shall be resumed.

Should the ((available)) light duty work ((described)), once undertaken by the worker, impede his or her recovery to the extent that in the judgment of his or her attending provider he or she should not continue to work, the worker's temporary total disability payments shall be resumed when the worker ceases such work.

(c) To further encourage employers to maintain the employment of their injured workers, an employer insured with the department and that offers work to a worker pursuant to this subsection (4) shall be eligible for reimbursement of the injured worker's wages for light duty or transitional work equal to ((fifty)) 50 percent of the basic, gross wages paid for that work, for a maximum of ((sixty-six)) 66 workdays within a consecutive ((twenty-four month)) 24-month period.

Wage subsidies shall be calculated using the worker's basic hourly wages or basic salary, and no subsidy shall be paid for any other form of compensation or payment to the worker such as tips, commissions, bonuses, board, housing, fuel, health care, dental care, vision care, per diem, reimbursements for work-relatedwork- related expenses, or any other payments.

(d) If an employer insured with the department offers a worker work pursuant to this subsection (4) and the worker must be provided with training or instruction to be qualified to perform the offered work, the employer shall be eligible for a reimbursement from the department for any tuition, books, fees, and materials required for that training or instruction, up to a maximum of ((oneone thousand dollars))dollars. $1,000.

Reimbursing an employer for the costs of such training or instruction does not constitute a determination by the p.department that the worker is eligible for vocational services authorized by RCW 51.32.095 and 51.32.099.

4 ESSB 5368 department that the worker is eligible for vocational services authorized by RCW 51.32.095 and 51.32.099.

However, an employer shall not receive reimbursement for any clothing it provided to the worker that it normallyp. provides to its workers.

4 SB 5368 normally provides to its workers.

(g) An employer may offer work to a worker pursuant to this subsection (4) more than once, but in no event may the employer receive wage subsidies for more than ((sixty-six)) 66 days of work in a consecutive ((twenty-four((twenty-four)) month)) 24-month period under one claim.

In no event shall an employer receive wage subsidy payments or reimbursements of any expenses pursuant to this subsection (4) unless the worker's p.physician or licensed advanced registered nurse practitioner has restricted him or her from performing his or her usual work and the worker's physician or licensed advanced registered nurse practitioner has released him or her to perform the work offered.

5 ESSB 5368 attending provider has restricted him or her from performing his or her usual work and the worker's attending provider has released him or her to perform the work offered.

(j) Once the worker returns to work under the terms of this subsection (4), ((hehe or she))she the worker shall not be assigned by the employer to workp. other than the available work described ((without the worker's written consent, or)) without prior review and approval by the worker's attending provider.

An5 employerSB who5368 directs a claimant to perform work other than that approved by the attendingavailable providerwork anddescribed without the approvalworker's ofwritten theconsent, worker'sor attendingwithout providerprior shallreview notand receiveapproval anyby wagethe subsidyworker's physician or otherlicensed reimbursementsadvanced forregistered suchnurse work.practitioner.

An employer who directs a claimant to perform work other than that approved by the attending physician and without the approval of the worker's physician or licensed advanced registered nurse practitioner shall not receive any wage subsidy or other reimbursements for such work.

(m) An employer with 100 or fewer employees may offer off-site light duty return to work to a worker pursuant to this subsection (4) with ana established nonprofit organization orapproved charityby pursuantthe todepartment, (n) of this subsection, subject to the following parameters and conditions: