WAC 296-17-31009
Reciprocal agreements. (1)
Occasionally one of my Washington employees will do some work
for me in another state. Do I need to buy workers'
compensation insurance in the state where they are working?
In some cases, we can provide workers' compensation
insurance coverage for your Washington based employees working
for you on a temporary assignment in another state. We have
formal written agreements with some states which detail
coverage and jurisdiction issues. We refer to these formal
agreements as "reciprocal agreements." If you have questions
regarding temporary coverage in another state you should
contact your account manager for assistance. The name and
telephone number of your account manager can be found on your
quarterly premium report or annual rate notice. For your
convenience you can call us at 360-902-4817 for assistance and
we will put you in contact with your assigned account manager.
(2) What is a reciprocal agreement?
A reciprocal agreement is a contract between the
department of labor and industries acting on behalf of the
state of Washington and another state. The primary purpose of
the agreement is to identify which state will be responsible
for paying benefits if one of your employees is injured. This
also limits your insurance costs. If you employ only
Washington workers you need to buy workers' compensation
insurance only from us.
(3) You mentioned that there are circumstances when you
can provide insurance coverage. What are the circumstances?
The actual circumstances will vary by state. In most
cases we will look at:
•
The work to be performed,
•
The location where the work is to be performed,
•
Where the employee was first hired to work,
•
How long the employee will be working in the other state.
(4) Which states have reciprocal agreements with
Washington? We currently have reciprocal agreements with the
following states:
• IDAHO
RECIPROCITY AGREEMENT BETWEEN IDAHO INDUSTRIAL ACCIDENT BOARD AND WASHINGTON
DEPARTMENT OF LABOR AND INDUSTRIES IN REGARD TO EXTRATERRITORIAL JURISDICTION
This agreement is made between the industrial accident
board of the state of Idaho (herein, for convenience,
abbreviated Idaho IAB) and the department of labor and
industries of the state of Washington (DOLAI), as
administrators of the worker's compensation (WC) laws of their
respective states, each of said parties being authorized to
enter into reciprocity agreements with other states in matters
involving their respective extraterritorial jurisdictional
powers and duties.
PREMISES:
1. Employers in each state on occasion find it necessary
or expedient to have their workers perform services in the
other state. The parties are desirous of entering into an
agreement whereby the employers and workers of each of the
respective states may continue to be entitled to the
protection and benefits provided by the WC laws of their
respective home states.
DEFINITIONS:
2. For the purposes of this agreement: Person whose
employment is "principally localized" in Idaho shall be deemed
to be an Idaho worker. A person's employment is "principally
localized" in Idaho when:
(1) His/her employer has a place of business in Idaho and
he/she regularly works (or it is contemplated that he/she
shall regularly work) at or from such place of business; or
(2) If clause (1) foregoing is not applicable, he/she is
domiciled and spends a substantial part of his/her working
time in the service of his/her employer in Idaho.
A person whose employment is "principally localized" in
Washington shall be deemed to be a Washington worker. A
person's employment is "principally localized" in Washington
when:
(1) His/her employer has a place of business in
Washington and he/she regularly works (or it is contemplated
that he/she shall regularly work) at or from such place of
business; or
(2) If clause (1) foregoing is not applicable, he/she is
domiciled and spends a substantial part of his/her working
time in the service of his/her employer in Washington.
An employee whose duties require him/her to travel
regularly in the service of his/her employer in more than one
state may, by written agreement with his/her employer,
designate the state in which his/her employment shall be
"principally localized." Unless the state so designated
refuses jurisdiction, such agreement shall be given effect
under the instant agreement.
In cases where none of the foregoing tests can be made to
apply, the person shall be deemed to be a worker of whichever
jurisdiction in which his/her contract of hire was made.
3. This agreement shall not apply to Washington workers
of an Idaho employer working in the state of Washington, nor
to Idaho workers of a Washington employer working in the state
of Idaho: Provided, however, That the right and remedies of
both Idaho and Washington workers engaged in the construction
and maintenance of interstate structures such as dams,
bridges, trestles and similar structures between the two
states, may be regulated by specific separate reciprocity
agreements.
THE PARTIES AGREE:
4. The Idaho IAB in keeping with the provision of the
Idaho WC law will assume and exercise extraterritorial
jurisdiction of compensation claims on any Idaho worker
injured in the state of Washington and of his/her dependents
upon any Idaho employer under its jurisdiction and the
latter's surety or insurance carrier.
5. The Washington DOLAI in keeping with the provisions of
the Washington WC law will provide protection of any
Washington employer under its jurisdiction and benefits to any
Washington worker injured in the course of his/her employment
while working in the state of Idaho.
6. A Washington employer while performing work in the
state of Idaho shall be subject to the safety codes of the
state of Idaho, AND an Idaho employer working in the state of
Washington shall be subject to the safety codes of the state
of Washington.
7. Employers' premium payments on the out-of-state
earnings of Idaho workers shall be due and payable to the
respective employers' insurance carriers AND premium payments
of the out-of-state earnings of Washington workers shall be
made to the Washington DOLAI.
8. For the purpose of implementing the terms of the
agreement, the parties agreed upon the following procedures:
The Idaho IAB will upon request and on behalf of an Idaho
employer issue a certificate of extraterritorial coverage to
the Washington DOLAI AND the latter upon request and on behalf
of a Washington employer will issue a certificate of
extraterritorial coverage to the Idaho IAB. Such certificates
may be canceled or revoked at the discretion of the issuing
agency. Due notice of issuance, modification and cancellation
of any such certificate shall be given to the employer and to
his/her insurance carrier, if any.
9. This agreement shall be effective January 1, 1971, and
shall remain in full force and effect until superseded or
modified by the parties hereto.
• MONTANA
THE WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES AND THE DEPARTMENT OF
LABOR OF THE STATE OF MONTANA, DESIRING TO RESOLVE JURISDICTIONAL ISSUES THAT
ARISE WHEN WORKERS FROM ONE STATE TEMPORARILY WORK IN ANOTHER, ENTER INTO THE
FOLLOWING AGREEMENT:
WHO IS AFFECTED BY THIS AGREEMENT?
This agreement affects the rights of workers and their
employers when the contract of employment arises in one state
and the worker is temporarily working in the other. To be
covered by this agreement, an employer must be considered an
employer under both Washington's and Montana's workers'
compensation laws, and workers must be considered workers
under both Washington's and Montana's workers' compensation
laws.
BASIC RULE:
When a worker's contract of hire arises in one state and
the worker is temporarily working in the other state:
Employers are required to secure the payment of workers'
compensation benefits under the workers' compensation law of
the state the contracts of employment arose in, and pay
premiums if not self-insured for the work performed while in
the other state; and
Workers' compensation benefits for injuries and
occupational diseases arising out of the temporary employment
in the other state are payable under the workers' compensation
law of the state the contract of employment arose in, and that
state's workers' compensation law provides the exclusive
remedy available to the injured worker.
Any Washington employer while performing work in the
state of Montana will be subject to the safety codes of the
state of Montana. Any Montana employer while performing work
in the state of Washington will be subject to the safety codes
of the state of Washington.
Washington and Montana both agree to notify the other
state in writing of any changes to their law that may affect
this agreement within thirty days of that law change.
EXCLUSIONS FROM THE BASIC RULE:
This agreement does not apply to Washington workers of
Montana employers while working in the state of Washington nor
to Montana workers of Washington employers while working in
the state of Montana.
Washington employers engaged in the construction industry
as defined in Section 39-71-116 MCA and working in Montana
must obtain coverage for workers so employed in Montana under
the provisions of Montana's Workers' Compensation Act.
Montana employers engaged in the construction industry
and working in Washington must obtain coverage for workers so
employed in Washington under the provisions of Washington's
Industrial Insurance Act.
CERTIFICATES OF COVERAGE:
Upon request, each state will issue certificates of
extraterritorial coverage to the other when appropriate. The
issuing state may cancel these certificates at any time.
AGREEMENT:
This agreement retroactively supersedes the previous
agreement between Washington and Montana in effect July 1,
1968. This agreement is effective November 1, 2000, and will
remain in effect unless terminated, modified, or amended in
writing between the parties. Either party may terminate the
agreement, without cause, by giving written notice to the
other party at least thirty days in advance of such
termination.
This agreement creates no rights or remedies, causes of
action, or claims on behalf of any third person or entity
against Washington or Montana and is executed expressly and
solely for the purpose of coordinating issues of workers'
compensation coverage between the states.
Any communication between the parties hereto or notices
to be given hereunder shall be given in writing by personal
delivery, facsimile or mailing the same, postage prepaid, to
the addresses or numbers set forth below on the signature
pages or as subsequently modified in writing by the party to
be noticed.
• NEVADA
RECIPROCITY AGREEMENT BETWEEN THE DEPARTMENT OF LABOR AND INDUSTRIES OF THE
STATE OF WASHINGTON AND THE NEVADA INDUSTRIAL COMMISSIONS OF THE STATE OF
NEVADA REGARDING EXTRATERRITORIAL RECIPROCITY
WHEREAS, The worker's compensation law of the state of
Washington authorizes the director of labor and industries to
enter into agreement of reciprocity for worker's compensation
purposes with other states; and
WHEREAS, The worker's compensation law of the state of
Nevada authorizes the Nevada industrial commission to enter
into agreements of reciprocity for worker's compensation
purposes with other states; and
WHEREAS, Employers who conduct operations in the state of
Washington are required on occasion to have Washington workers
perform services in the state of Nevada; and
WHEREAS, Employers who conduct operations in the state of
Nevada are required on occasion to have Nevada workers perform
services in the state of Washington; and
WHEREAS, The department of labor and industries of the
state of Washington and the Nevada industrial commission of
the state of Nevada are desirous of entering into an agreement
whereby the employers and workers of each of the respective
states may continue to be entitled to the protection and
benefits provided by the worker's compensation laws of their
respective home state.
IT IS HEREBY AGREED That for the purpose of this agreement of
reciprocity, a Washington worker is a person hired to work in
the state of Washington, and a Nevada worker is a person hired
to work in the state of Nevada.
IT IS FURTHER AGREED BETWEEN The department of labor and
industries of the state of Washington and the Nevada
industrial commission of the state of Nevada.
That the department of labor and industries of the state
of Washington in keeping with the provisions of the Washington
worker's compensation law will provide protection for any
Washington employer under its jurisdiction and benefits to any
of the Washington workers who may be injured in the course of
employment while working temporarily in the state of Nevada.
In the event of an injury to one of these workers, his/her
exclusive remedy would be that provided by the worker's
compensation law of the state of Washington.
That the Nevada industrial commission of the state of
Nevada in keeping with the provisions of the Nevada worker's
compensation law will provide protection for any Nevada
employer under its jurisdiction, and benefits to any of its
workers who may be injured in the course of employment while
working temporarily in the state of Washington. In the event
of injury to one of these workers, his/her exclusive remedy
would be that provided by the worker's compensation law of the
state of Nevada.
That the department of labor and industries of the state
of Washington will upon request and on behalf of the
Washington employer issue a certificate of extraterritorial
coverage to the Nevada industrial commission of the state of
Nevada, and that the Nevada industrial commission of the state
of Nevada will upon request and on behalf of the Nevada
employer issue a certificate of extraterritorial coverage to
the department of labor and industries of the state of
Washington.
That these certificates of extraterritorial coverage
shall be issued and/or canceled at the discretion of the
Washington department of labor and industries or the Nevada
industrial commission.
That the Nevada employer while performing work in the
state of Washington will be subject to the safety codes of the
state of Washington, and that the Washington employer while
performing work in the state of Nevada will be subject to the
safety codes of the state of Nevada.
IT IS MUTUALLY UNDERSTOOD, That this agreement will not apply
to Nevada workers of the Washington employer working in the
state of Nevada, nor to the Washington workers of the Nevada
employer working in the state of Washington.
IT IS ALSO MUTUALLY UNDERSTOOD, That premium payments on the
out-of-state earnings of Washington workers will be made to
the Washington department of labor and industries, and that
premium payments on the out-of-state earnings of Nevada
workers will be made to the Nevada industrial commission of
the state of Nevada.
IT IS FURTHER AGREED That this statement of extraterritorial
reciprocity shall be effective April 1, 1970, and further that
this agreement shall remain in full force and effect until
superseded or modified by the parties to this agreement.
• NORTH DAKOTA
THE WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES AND THE NORTH DAKOTA
WORKERS COMPENSATION, DESIRING TO RESOLVE JURISDICTIONAL ISSUES THAT ARISE
WHEN WORKERS FROM ONE STATE TEMPORARILY WORK IN ANOTHER, ENTER INTO THE
FOLLOWING AGREEMENT:
WHO IS AFFECTED BY THIS AGREEMENT?
This agreement affects the rights of workers and their
employers when the contract of employment arises in one state
and the worker is temporarily working in the other. To be
covered by this agreement, an employer must be considered an
employer under both Washington's and North Dakota's workers'
compensation laws, and workers must be considered workers
under both Washington's and North Dakota's workers'
compensation laws.
BASIC RULE:
When a worker's contract of hire arises in one state and
the worker is temporarily working in the other state:
Employers are required to secure the payment of workers'
compensation benefits under the workers' compensation law of
the state the contracts of employment arose in, and pay
premiums if not self-insured for the work performed while in
the other state; and
Workers' compensation benefits for injuries and
occupational diseases arising out of the temporary employment
in the other state are payable under the workers' compensation
law of the state the contract of employment arose in, and that
state's workers' compensation law provides the exclusive
remedy available to the injured worker.
Any Washington employer while performing work in the
state of North Dakota will be subject to the safety codes of
the state of North Dakota. Any North Dakota employer while
performing work in the state of Washington will be subject to
the safety codes of the state of Washington.
EXCLUSION FROM THE BASIC RULE:
This agreement does not apply to Washington workers of
North Dakota employers while working in the state of
Washington or to North Dakota workers of Washington employers
while working in the state of North Dakota.
CERTIFICATES OF COVERAGE:
Upon request, each state will issue certificates of
extraterritorial coverage to the other when appropriate. The
issuing state may cancel these certificates at any time.
AGREEMENT:
This agreement is effective March 1, 2001, and will
remain in effect unless terminated, modified, or amended in
writing between the parties. Either party may terminate the
agreement, without cause, by giving written notice to the
other party at least thirty days in advance of such
termination.
This agreement creates no rights or remedies, causes of
action, or claims on behalf of any third person or entity
against Washington or North Dakota, and is executed expressly
and solely for the purpose of coordinating issues of workers'
compensation coverage between the states.
Any communication between the parties hereto or notices
to be given hereunder shall be given in writing by personal
delivery, facsimile or mailing the same, postage prepaid, to
the addresses or numbers set forth below on the signature
pages or as subsequently modified in writing by the party to
be noticed.
• OREGON
THE STATE OF WASHINGTON, ACTING BY AND THROUGH THE WASHINGTON STATE
DEPARTMENT OF LABOR AND INDUSTRIES AND THE STATE OF OREGON, ACTING BY AND
THROUGH ITS DEPARTMENT OF CONSUMER AND BUSINESS SERVICES, DESIRING TO RESOLVE
JURISDICTIONAL ISSUES THAT ARISE WHEN WORKERS FROM ONE STATE TEMPORARILY WORK
IN ANOTHER, ENTER INTO THE FOLLOWING AGREEMENT (THE "AGREEMENT"):
WHO IS AFFECTED BY THIS AGREEMENT?
This agreement affects the rights of workers and their
employers when the contract of employment arises in Washington
and the worker is temporarily working in Oregon, or when the
contract of employment arises in Oregon and the worker is
temporarily working in Washington. To be covered by this
agreement, an employer must be considered an employer under
both Washington's and Oregon's workers' compensation laws, and
workers must be considered workers under both Washington's and
Oregon's workers' compensation laws.
BASIC RULE:
When a contract of employment arises in Washington and
the worker is temporarily working in Oregon or when the
contract of employment arises in Oregon and the worker is
temporarily working in Washington:
Employers shall be required to secure the payment of
workers' compensation benefits under the workers' compensation
law of the state the contract of employment arose in, and pay
premiums or be self-insured in that state for the work
performed while in the other state; and
Workers' compensation benefits for injuries and
occupational diseases arising out of the temporary employment
in the other state shall be payable under the workers'
compensation law of the state the contract of employment arose
in, and that state's workers' compensation law provides the
exclusive remedy available to the injured worker.
In determining whether a worker is temporarily working in
another state, Washington and Oregon agree to consider:
1. The extent to which the worker's work within the state
is of a temporary duration;
2. The intent of the employer in regard to the worker's
employment status;
3. The understanding of the worker in regard to the
employment status with the employer;
4. The permanent location of the employer and its
permanent facilities;
5. The extent to which the employer's contract in the
state is of a temporary duration, established by a beginning
date and expected ending date of the employer's contract;
6. The circumstances and directives surrounding the
worker's work assignment;
7. The state laws and regulations to which the employer
is otherwise subject;
8. The residence of the worker; and
9. Other information relevant to the determination.
• Washington and Oregon both agree to notify the other
state of any changes to their law that may affect this
agreement within thirty days of that law change.
• Any Washington employer while performing work in the
state of Oregon will be subject to the safety codes of the
state of Oregon. Any Oregon employer while performing work in
the state of Washington will be subject to the safety codes of
the state of Washington.
EXCLUSION FROM THE BASIC RULE:
This agreement does not apply to any Washington worker of
an Oregon employer while working in the state of Washington
nor to any Oregon worker of a Washington employer while
working in the state of Oregon. It is understood that an
employer from either Oregon or Washington may have a contract
in the other state where they may have both Oregon and
Washington workers which may require obtaining coverage in
both states for that same contract.
This agreement does not apply to employees of an employer
working for stevedoring or steamship companies.
This agreement does not supersede separate agreements
made regarding workers employed in the construction or
maintenance of interstate structures such as dams, bridges,
trestles, etc. between Oregon and Washington.
CERTIFICATES OF COVERAGE:
Upon request, each state will issue certificates of
extraterritorial coverage to the other when appropriate. The
issuing state may cancel these certificates at any time.
MERGER:
This agreement replaces and supersedes the previous
agreement on the same subject matter entered into between
Washington and Oregon in effect since October 5, 1997.
EFFECTIVE DATE:
This agreement shall take effect immediately upon
completion of all of the following requirements:
(1) Execution by both parties;
(2) Public notification in compliance with Oregon law;
and
(3) Adoption as a rule in compliance with Washington law.
This agreement will remain in effect unless terminated,
modified, amended or replaced in writing between the parties.
TERMINATION:
Either party may terminate the agreement, without cause,
by giving written notice to the other party at least thirty
days in advance of such termination.
NOTICE:
Any communication between the parties hereto or notices
to be given hereunder shall be given in writing by personal
delivery, facsimile or mailing the same, postage prepaid, to
the addresses or numbers set forth below on the signature
pages or as subsequently modified in writing by the party to
be noticed.
• SOUTH DAKOTA
THE WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES AND THE SOUTH DAKOTA
DEPARTMENT OF LABOR, DESIRING TO RESOLVE JURISDICTIONAL ISSUES THAT ARISE
WHEN WORKERS FROM ONE STATE TEMPORARILY WORK IN ANOTHER, ENTER INTO THE
FOLLOWING AGREEMENT:
WHO IS AFFECTED BY THIS AGREEMENT?
This agreement affects the rights of workers and their
employers when the contract of employment arises in one state
and the worker is temporarily working in the other. To be
covered by this agreement, an employer must be considered an
employer under both Washington's and South Dakota's workers'
compensation laws, and workers must be considered workers
under both Washington's and South Dakota's workers'
compensation laws.
BASIC RULE:
When a worker's contract of hire arises in one state and
the worker is temporarily working in the other state:
Employers are required to secure the payment of workers'
compensation benefits under the workers' compensation law of
the state the contracts of employment arose in, and pay
premiums if not self-insured for the work performed while in
the other state; and
Workers' compensation benefits for injuries and
occupational diseases arising out of the temporary employment
in the other state are payable under the workers' compensation
law of the state the contract of employment arose in, and that
state's workers' compensation law provides the exclusive
remedy available to the injured worker.
Any Washington employer while performing work in the
state of South Dakota will be subject to the safety codes of
the state of South Dakota. Any South Dakota employer while
performing work in the state of Washington will be subject to
the safety codes of the state of Washington.
EXCLUSION FROM THE BASIC RULE:
This agreement does not apply to Washington workers of
South Dakota employers while working in the state of
Washington or to South Dakota workers of Washington employers
while working in the state of South Dakota.
CERTIFICATES OF COVERAGE:
Upon request, each state will issue certificates of
extraterritorial coverage to the other when appropriate. The
issuing state may cancel these certificates at any time.
AGREEMENT:
This agreement is effective March 1, 2001 and will remain
in effect unless terminated, modified, or amended in writing
between the parties. Either party may terminate the
agreement, without cause, by giving written notice to the
other party at least thirty days in advance of such
termination.
This agreement creates no rights or remedies, causes of
action, or claims on behalf of any third person or entity
against Washington or South Dakota, and is executed expressly
and solely for the purpose of coordinating issues of workers'
compensation coverage between the states.
Any communication between the parties hereto or notices
to be given hereunder shall be given in writing by personal
delivery, facsimile or mailing the same, postage prepaid, to
the addresses or numbers set forth below on the signature
pages or as subsequently modified in writing by the party to
be noticed.
• UTAH
THE WASHINGTON STATE DEPARTMENT OF LABOR AND INDUSTRIES AND THE UTAH LABOR
COMMISSION, DESIRING TO RESOLVE JURISDICTIONAL ISSUES THAT ARISE WHEN WORKERS
FROM ONE STATE TEMPORARILY WORK IN ANOTHER, ENTER INTO THE FOLLOWING
AGREEMENT:
WHO IS AFFECTED BY THIS AGREEMENT?
This agreement affects the rights of workers and their
employers when the contract of employment arises in one state
and the worker is temporarily working in the other. To be
covered by this agreement, an employer must be considered an
employer under both Washington's and Utah's workers'
compensation laws, and workers must be considered workers
under both Washington's and Utah's workers' compensation laws.
BASIC RULE:
When a worker's contract of hire arises in one state and
the worker is temporarily working in the other state:
Employers are required to secure the payment of workers'
compensation benefits under the workers' compensation law of
the state the contracts of employment arose in, and pay
premiums if not self-insured for the work performed while in
the other state; and
Workers' compensation benefits for injuries and
occupational diseases arising out of the temporary employment
in the other state are payable under the workers' compensation
law of the state the contract of employment arose in, and that
state's workers' compensation law provides the exclusive
remedy available to the injured worker.
Any Washington employer while performing work in the
state of Utah will be subject to the safety codes of the state
of Utah. Any Utah employer while performing work in the state
of Washington will be subject to the safety codes of the state
of Washington.
Washington and Utah both agree to notify the other state
in writing of any changes to their law that may affect this
agreement within thirty days of that law change.
EXCLUSION FROM THE BASIC RULE:
This agreement does not apply to Washington workers of
Utah employers while working in the state of Washington nor to
Utah workers of Washington employers while working in the
state of Utah.
CERTIFICATES OF COVERAGE:
Upon request, each state will issue certificates of
extraterritorial coverage to the other when appropriate. The
issuing state may cancel these certificates at any time.
AGREEMENT:
This agreement is effective March 1, 2001, and will
remain in effect unless terminated, modified, or amended in
writing between the parties. Either party may terminate the
agreement, without cause, by giving written notice to the
other party at least thirty days in advance of such
termination.
This agreement creates no rights or remedies, causes of
action, or claims on behalf of any third person or entity
against Washington or Utah and is executed expressly and
solely for the purpose of coordinating issues of workers'
compensation coverage between the states.
Any communication between the parties hereto or notices
to be given hereunder shall be given in writing by personal
delivery, facsimile or mailing the same, postage prepaid, to
the addresses or numbers set forth below on the signature
pages or as subsequently modified in writing by the party to
be noticed.
• WYOMING
AGREEMENT BETWEEN THE DEPARTMENT OF LABOR AND INDUSTRIES OF THE STATE OF
WASHINGTON AND THE WORKMEN'S COMPENSATION DEPARTMENT OF THE STATE OF WYOMING
REGARDING EXTRATERRITORIAL RECIPROCITY
WHEREAS, The workmen's compensation law of the state of
Washington authorized the director of labor and industries to
enter into agreements of reciprocity for workmen's
compensation purposes with other states; and
WHEREAS, The workmen's compensation law of the state of
Wyoming authorizes the workmen's compensation department to
enter into agreements of reciprocity for workmen's
compensation purposes with other states; and
WHEREAS, Employers who conduct operations in the state of
Washington are required on occasion to have Washington-hired
workers perform services in the state of Wyoming; and
WHEREAS, Employers who conduct operations in the state of
Wyoming are required on occasion to have Wyoming-hired workers
perform services in the state of Washington; and
WHEREAS, The department of labor and industries of the
state of Washington and the workmen's compensation department
of the state of Wyoming are desirous of entering into an
agreement whereby the employers and workers of each of the
respective states may continue to be entitled to the
protection and benefits provided by the workmen's compensation
laws of their respective home states.
IT IS HEREBY AGREED BETWEEN The department of labor and
industries of the state of Washington and the workmen's
compensation department of the state of Wyoming:
That the department of labor and industries of the state
of Washington in keeping with the provisions of the Washington
workmen's compensation law will provide protection for any
Washington employer under its jurisdiction and benefits to any
of his/her workers who may be hired in the state of Washington
and injured in the course of employment while working
temporarily in the state of Wyoming. In the event of injury
to one of these workers, his/her exclusive remedy would be
that provided by the workmen's compensation law of the state
of Washington.
That the workmen's compensation department of the state
of Wyoming in keeping with the provision of the Wyoming
workmen's compensation law will provide protection for any
Wyoming employer under its jurisdiction, and benefits to any
of his/her workers who may be hired in the state of Wyoming
and injured in the course of employment while working
temporarily in the state of Washington. In the event of
injury to one of these workers, his/her exclusive remedy would
be that provided by the workmen's compensation law of the
state of Wyoming.
That for the purpose of this agreement "temporary" shall
mean a period not to exceed six months.
That the department of labor and industries of the state
of Washington will, upon request and on behalf of the
Washington employer, issue a certificate of extraterritorial
coverage to the workmen's compensation department of the state
of Wyoming, and that the workmen's compensation department of
the state of Wyoming will, upon request and on behalf of the
Wyoming employers, issue a certificate of extraterritorial
coverage to the department of labor and industries of the
state of Washington.
That these certificates of extraterritorial coverage
shall be issued for a maximum period of six months subject to
renewal upon request by the affected employers and at the
discretion of the Washington department of labor and
industries, or the Wyoming workmen's compensation department.
That the Wyoming employer and his/her workers while
performing work in the state of Washington under this
agreement will be subject to the safety codes of the state of
Washington, and that the Washington employer and his/her
workers while performing work in the state of Wyoming under
this agreement will be subject to the safety codes of the
state of Wyoming.
IT IS MUTUALLY UNDERSTOOD That this agreement will not apply
to workers of the Washington employer who may be hired in the
state of Wyoming, nor to the workers of the Wyoming employer
who may be hired in the state of Washington.
IT IS ALSO MUTUALLY UNDERSTOOD That premium payments on the
out-of-state earnings of Washington-hired workers will be made
to the Washington department of labor and industries, and that
premium payments on the out-of-state earning of Wyoming-hired
workers will be made to the workmen's compensation department
of the state of Wyoming.
IT IS FURTHER AGREED That this agreement of extraterritorial
reciprocity shall become effective on July 15, 1963, and shall
remain in full force and effect until superseded or modified
by the parties to this agreement.