WAC 296-14-526   Is the value of "consideration of like nature" always included in determining the worker's compensation?  (1) No. The value of other consideration of like nature is only included in the worker's monthly wage if:

     (a) The employer, through its full or partial payment, provided the benefit to the worker at the time of injury or on the date of disease manifestation;

     (b) The worker received the benefit at the time of injury or on the date of disease manifestation.

     This section is satisfied if, at the time of injury or on the date of disease manifestation:

     (i) The employer made payments to a union trust fund or other entity for the identified benefit; and

     (ii) The worker was actually eligible to receive the benefit.

     Example: At the time of the worker's industrial injury, the employer paid two dollars and fifty cents for each hour worked by the employee to a union trust fund for medical insurance on behalf of the employee and her family. If the employee was able to use the medical insurance at the time of her injury, the employer's monthly payment for this benefit is included in the worker's monthly wage, in accordance with (d) of this subsection. This is true even where the worker's eligibility for this medical insurance is based primarily or solely on payments to the trust fund from past employers.

     (c) The worker or beneficiary no longer receives the benefit and the department or self-insurer has knowledge of this change.

     If the worker continues to receive the benefit from a union trust fund or other entity for which the employer made a financial contribution at the time of injury or on the date of disease manifestation, the employer's monthly payment for the benefit is not included in the worker's monthly wage.

     Example: An employer contributes two dollars and fifty cents for each hour an employee works into a union trust fund that provides the employee and her family with medical insurance. If the employer stops contributing to this fund, but the worker continues to receive this benefit, the employer's monthly payment for the medical insurance is not included in the worker's monthly wage.

     (2) This rule does not permit the department or self-insurer to alter, change or modify a final order establishing the worker's monthly wage except as provided under RCW 51.28.040.



[Statutory Authority: RCW 51.04.010, 51.04.020 and 142 Wn.2d 801 (2001). 03-11-035, § 296-14-526, filed 5/15/03, effective 6/15/03.]