WAC 137-78-040   Conditions of reimbursement.  (1) Assault benefits authorized by the department under this chapter shall not continue longer than the date of termination of time loss benefits by the department of labor and industries or three hundred sixty-five consecutive days from the date of the injury, whichever date is earlier, and shall be limited to the following:

     (a) For each workday missed due to assault for which the employee is not eligible to receive compensation under chapter 51.32 RCW, the employee shall receive full pay pursuant to RCW 72.09.240 and this chapter; and

     (b) In respect to workdays missed due to assault for which the employee shall be reimbursed compensation under chapter 51.32 RCW, the employee shall receive full pay, less any industrial insurance payments for time loss during the period in which assault benefits are received.

     (2) As the intent of this chapter is to reimburse the employee the difference of salary compensation paid by the department of labor and industries and the full pay the employee would have received but for the time loss from the injury sustained as a result of an inmate assault, the employee shall not be entitled to receive greater than one hundred percent of his or her base salary as a result of payments by the department of labor and industries and the department unless such overpayment is the result of the employee's election to use accumulated annual leave, holiday leave, compensatory time off, or exchange time.

     (3) Employees granted assault benefits shall accrue full annual leave, sick leave, and insurance benefits during the time period they are approved to receive assault benefits.

     (4)(a) Employees applying to the department for assault benefits may elect to use accrued sick leave until such application is approved or denied, provided that the employee shall return any subsequent overpayment to the department.

     (b) The employee's accumulated sick leave hours shall not be reduced for the workdays missed due to the assault, provided that the employee has returned any overpayments to the department.

     (c) If the employee fails to return any overpayments to the department, sick leave hours charged to an employee who receives worker's compensation as a result of the time loss and assault benefits shall be proportionate to the overpayment by the department during the claim period.

     (5) The employee shall not be entitled to assault benefits provided in this section for any workday for which the department finds the employee has not diligently pursued his or her compensation remedies under chapter 51.32 RCW.

     (6) While the employee is receiving assault benefits authorized under this chapter, the employee shall continue to be classified as a state employee and receive full service credit.

     (7) The employee shall be entitled to assault benefits only for absences that the department believes are justified.

     (8) No employee eligible to receive or receiving benefits under this chapter shall be entitled to continue to receive benefits should the legislature revoke the reimbursement authorized under this chapter.



[Statutory Authority: RCW 72.01.090. 09-15-198, § 137-78-040, filed 7/22/09, effective 8/22/09. Statutory Authority: RCW 72.13.170. 89-15-059 (Order 89-05), § 137-78-040, filed 7/19/89, effective 8/19/89.]