RCW 51.32.067
Permanent total disability—Death benefit options—Election.
(1) After a worker elects one of the options in (a), (b), or (c) of this subsection, that option shall apply only if the worker dies during a period of permanent total disability from a cause unrelated to the injury, leaving a surviving spouse, child, children, or other dependent. If, after making an election under this subsection, a worker dies from a cause related to the injury during a period of permanent total disability, his or her beneficiaries shall receive benefits under RCW 51.32.050 (2) through (5).
(a) Option I. An injured worker selecting this option shall receive the benefits provided by RCW 51.32.060, with no benefits being paid to the worker's surviving spouse, children, or others.
(b) Option II. An injured worker selecting this option shall receive an actuarially reduced benefit which upon death shall be continued throughout the life of and paid to the surviving spouse, child, or other dependent as the worker has nominated by written designation duly executed and filed with the department.
(c) Option III. An injured worker 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 paid to the surviving spouse, child, or other dependent as the worker has nominated by written designation duly executed and filed with the department.
(2) The worker shall make the election in writing and the worker's spouse, if any, shall consent in writing as a prerequisite to the election of Option I.
(3) If the worker's nominated beneficiary is the worker's spouse, and the worker and spouse enter into a dissolution of marriage after the nomination has been made, the worker may apply to receive benefits as calculated under Option I. This change is effective the date of the decree of dissolution of marriage, but no more than one year prior to the date application for the change is received in the department, provided the worker submits legally certified documentation of the decree of dissolution of marriage.
(4) If the worker's nominated beneficiary dies, the worker may apply to receive benefits as calculated under Option I. This change is effective the date of death, but no more than one year prior to the date application for the change is received in the department, provided the worker submits a certified copy of the death certificate.
(5) The change in benefits authorized by subsections (3) and (4) of this section is a one-time adjustment and will be permanent for the life of the worker.
(6) The department shall adopt such rules as may be necessary to implement this section.
[ 2006 c 154 § 1; 1986 c 58 § 4.]
Structure Revised Code of Washington
Title 51 - Industrial Insurance
Chapter 51.32 - Compensation—Right to and Amount.
51.32.010 - Who entitled to compensation.
51.32.015 - Time and place of coverage—Lunch period.
51.32.020 - Who not entitled to compensation.
51.32.025 - Payments for children cease at age eighteen—Exceptions.
51.32.030 - When compensation payable to employer or member of corporate employer.
51.32.045 - Direct deposit or electronic payment of benefits.
51.32.055 - Determination of permanent disabilities—Closure of claims by self-insurers.
51.32.060 - Permanent total disability compensation—Personal attendant.
51.32.067 - Permanent total disability—Death benefit options—Election.
51.32.072 - Additional payments for prior pensioners—Children—Remarriage—Attendant.
51.32.075 - Adjustments in compensation or death benefits.
51.32.098 - Vocational rehabilitation services—Applicability.
51.32.099 - Vocational rehabilitation pilot program—Vocational plans.
51.32.100 - Preexisting disease.
51.32.110 - Medical examination—Refusal to submit—Traveling expenses—Pay for time lost.
51.32.114 - Medical examination—Department to monitor quality and objectivity.
51.32.120 - Further accident after lump sum payment.
51.32.130 - Lump sum for death or permanent total disability.
51.32.135 - Closing of claim in pension cases—Consent of spouse.
51.32.140 - Nonresident alien beneficiary.
51.32.150 - Lump sum to beneficiary outside state.
51.32.160 - Aggravation, diminution, or termination.
51.32.180 - Occupational diseases—Limitation.
51.32.181 - Occupational diseases—Public health emergencies—Infectious or contagious diseases.
51.32.1871 - Annual report on claims.
51.32.195 - Self-insurers—Information to department.
51.32.200 - Self-insurers—Enforcement of compensation order against.
51.32.210 - Claims of injured workers, prompt action—Payment—Acceptance—Effect.
51.32.215 - Payment of compensation after appeal—Enforcement of order—Penalty.
51.32.230 - Recovery of overpayments.
51.32.250 - Payment of job modification costs.
51.32.260 - Compensation for loss or damage to personal effects.
51.32.300 - State employee vocational rehabilitation coordinator.
51.32.350 - Chemically related illness—Criteria and procedures for claims—Claims management.
51.32.360 - Chemically related illness—Centers for research and clinical assessment.