Revised Code of Washington
Chapter 51.32 - Compensation—Right to and Amount.
51.32.075 - Adjustments in compensation or death benefits.

RCW 51.32.075
Adjustments in compensation or death benefits.

The compensation or death benefits payable pursuant to the provisions of this chapter for temporary total disability, permanent total disability, or death arising out of injuries or occupational diseases shall be adjusted as follows:
(1) On July 1, 1982, there shall be an adjustment for those whose right to compensation was established on or after July 1, 1971, and before July 1, 1982. The adjustment shall be determined by multiplying the amount of compensation to which they are entitled by a fraction, the denominator of which shall be the average monthly wage in the state under RCW 51.08.018 for the fiscal year in which such person's right to compensation was established, and the numerator of which shall be the average monthly wage in the state under RCW 51.08.018 on July 1, 1982.
(2) In addition to the adjustment established by subsection (1) of this section, there shall be another adjustment on July 1, 1983, for those whose right to compensation was established on or after July 1, 1971, and before July 1983, which shall be determined by multiplying the amount of compensation to which they are entitled by a fraction, the denominator of which shall be the average monthly wage in the state under RCW 51.08.018 for the fiscal year in which such person's right to compensation was established, and the numerator of which shall be the average monthly wage in the state under RCW 51.08.018 on July 1, 1983.
(3) In addition to the adjustments under subsections (1) and (2) of this section, further adjustments shall be made beginning on July 1, 1984, and on each July 1st thereafter through July 1, 2010, for those whose right to compensation was established on or after July 1, 1971. The adjustment shall be determined by multiplying the amount of compensation to which they are entitled by a fraction, the denominator of which shall be the average monthly wage in the state under RCW 51.08.018 for the fiscal year in which such person's right to compensation was established, and the numerator of which shall be the average monthly wage in the state under RCW 51.08.018 on July 1st of the year in which the adjustment is being made. The department or self-insurer shall adjust the resulting compensation rate to the nearest whole cent, not to exceed the average monthly wage in the state as computed under RCW 51.08.018.
(4) In addition to the adjustments under subsections (1), (2), and (3) of this section, further adjustments shall be made beginning July 1, 2012, and on each July 1st thereafter for those whose right to compensation was established on or after July 1, 1971. The adjustment shall be the percentage change in the average monthly wage in the state under RCW 51.08.018 for the preceding calendar year, rounded to the nearest whole cent. For claims whose right to compensation was established on or after July 1, 2011, no adjustment shall be made under this subsection until the second July 1st following the date of injury or occupational disease manifestation.

[ 2011 1st sp.s. c 37 § 202; 1988 c 161 § 7; 1983 c 203 § 1; 1982 1st ex.s. c 20 § 1; 1979 c 108 § 1; 1977 ex.s. c 202 § 2; 1975 1st ex.s. c 286 § 2.]
NOTES:

Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.


Effective date—1982 1st ex.s. c 20: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1982." [ 1982 1st ex.s. c 20 § 4.]

Structure Revised Code of Washington

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.

51.32.040 - Protection of awards—Payment after death—Time limitations for filing—Confinement in institution.

51.32.045 - Direct deposit or electronic payment of benefits.

51.32.050 - Death 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.

51.32.073 - Additional payments for prior pensioners—Premium liability of worker and employer for additional payments.

51.32.075 - Adjustments in compensation or death benefits.

51.32.080 - Permanent partial disability—Specified—Unspecified, rules for classification—Injury after permanent partial disability.

51.32.090 - Temporary total disability—Partial restoration of earning power—Return to available work—When employer continues wages—Limitations—Finding—Rules.

51.32.095 - Vocational rehabilitation services—Benefits—Priorities—Allowable costs—Performance criteria.

51.32.096 - Vocational rehabilitation benefits and options—Advisory committee—Procedures—Requirements—Definitions—Costs.

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.

51.32.112 - Medical examination—Standards and criteria—Special examinations by chiropractors—Compensation guidelines and reporting criteria.

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.

51.32.185 - Occupational diseases—Presumption of occupational disease for firefighters and fire investigators—Limitations—Exception—Rules—Advisory committee on occupational disease presumptions.

51.32.187 - Exposed workers—Prima facie presumption of certain occupational diseases—Rebuttal—Definitions.

51.32.1871 - Annual report on claims.

51.32.190 - Self-insurers—Notice of denial of claim, reasons—Procedure—Powers and duties of director.

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.

51.32.220 - Reduction in total disability compensation—Limitations—Notice—Waiver—Adjustment for retroactive reduction in federal social security disability benefit—Restrictions.

51.32.225 - Reduction in total disability compensation—Offset for social security retirement benefits.

51.32.230 - Recovery of overpayments.

51.32.240 - Erroneous payments—Payments induced by willful misrepresentation—Adjustment for self-insurer's failure to pay benefits—Recoupment of overpayments by self-insurer—Penalty—Appeal—Enforcement of orders.

51.32.242 - Self-insured employer overpayment reimbursement fund—Withholding from worker earnings—Use of funds—Exception.

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.

51.32.370 - Chemically related illness—Research projects—Implementation plan—Funding—Deductions from employees' pay.

51.32.380 - Injured offenders—Benefits sent in the care of the department of corrections—Exception—Liability.

51.32.390 - Health care employees—Presumption of occupational disease for infectious or contagious diseases which are the subject of a public health emergency—Rebuttal—Limitations—Costs.