Title 8. Workers Compensation

Transcription

1 Title 8 Workers Compensation Chapters: 8.01 General Provisions 8.02 Incorporation of Washington State Law 8.03 Claims and Notices 8.04 Exclusive Remedy 8.05 Initial Administrative Appeals 8.06 Claims and Tribal Sovereign Immunity 8.07 Codification

2 Chapter 8.01 General Provisions Title Purpose Applicability Section Title This Title shall be known as the Jamestown S Klallam Workers Compensation Code. Section Purpose The purpose of this Title is to formally establish a Workers Compensation Program for the employees of the Tribe, and such other Tribal entities as deemed appropriate by the Tribal Council, by providing the Tribe and its entities the same protection from liability and employees the same benefits as are provided: a) Under the Washington State workers compensation laws; or b) Under such additional insurance coverage as the Tribe obtains. Section Applicability The Title shall apply to the Tribe, and by separate resolution of the Tribal Council, any other entity of the Tribe, including but not limited to political subdivisions, commissions, authorities and economic and business enterprises. Notwithstanding the above, this Title shall apply to any Tribal subdivisions, commissions, authorities and enterprises which, on the day this Title is enacted, have joined the Tribal workers compensation plan. Chapter 8.02 Incorporation of Washington State Law Incorporation of Washington State Law Section Incorporation of Washington State Law Except as otherwise provided herein, there is hereby adopted as substantive law of the Tribe the following provisions of the Revised Code of Washington and any future amendments thereto, provided, the provisions of this Title, as amended, shall control to the extent there is a conflict with any provision of the Revised Code of Washington: a). Part of Chapter General Provisions: Physician's Testimony Not Privileged; and Minor Worker is Sui Juris (e.g., not under any legal disability) - - Guardianship Expenses.

3 B. Part of Chapter Definitions: Meaning of Words; "Acting in the Course of Employment;" "Amount," "Payment." "Premium," "Contribution," "Assessment;" "Average Monthly Wage;" "Beneficiary;" "Child;" "Dependent;" "Health Services Provider" - - "Provider;" "Injury;" "Invalid;" "Occupational Disease;" "Permanent Partial Disability;" "Permanent Total Disability;" and "Wages" - - Monthly Wages as Basis of Compensation - - Computation Thereof." C. Part of Chapter Actions at Law for Injury or Death, except , provided the term "department" shall mean the Jamestown S'Klallam Tribe or its Insurer; D. Part of Chapter Notice and Report of Accident - - Application for Compensation, provided the term "department' shall mean the Jamestown S'Klallam Tribe or its Insurer; E. Part of Chapter Compensation - - Right to and Amount, except 030, 073, 075 (1) and (2),140, 185, 190, 200, 210, 300, 360 and 370, provided the terms "department" and "director" shall mean Insurer; and F. Part of Chapter Medical Aid, provided the terms "department" and "director" shall mean Insurer. The adoption of the above provisions by reference does not create, provide or recognize the jurisdiction of the State of Washington or any of its entities, including but not limited to its courts.

4 Chapter 8.03 Claims and Notices Claims and Notices Section Claims and Notices The employer, whether the Tribe or an entity of the Tribe covered by this Title, shall notify the Insurer selected by the Tribe to provide workers compensation insurance coverage of any accidents. Employees shall file all claims with the Insurer selected by the Tribe to provide workers compensation insurance coverage. The Tribal employer shall provide claim forms to employees. Chapter 8.04 Exclusive Remedy Exclusive Remedy Section Exclusive Remedy This Title and the workers compensation program shall provide Tribal employees with their exclusive remedy for, and on account of, personal injuries or death, arising out of and in the course of and scope of their employment with the Tribe and no other benefits, damages, penalties, interest, fees, or compensation outside of the remedies available under the workers compensation program shall be provided by the Tribe. Chapter 8.05 Initial Administrative Appeals Initial Administrative Appeals Appeals to Tribal Court Section Initial Administrative Appeals Any employee, beneficiary, employer or other person or entity aggrieved by the decision of the Insurer may appeal such decision through the administrative process established by the Insurer. The Insurer shall provide the Tribe and all entities of the Tribe covered by this Title and each claimant, rules and procedures for the conduct of such appeals. Section Appeals to Tribal Court After an initial administrative appeal to the Insurer, under 8, above, any employee, beneficiary, employer or other person or entity aggrieved by the decision of the Insurer may appeal such decision to the Jamestown S'Klallam Tribal Court provided such appeal is filed with the court within sixty (60) days from receipt of the adverse administrative decision. The Court shall review the matter de novo but may only, subject to the terms of this Title and Tribal law, grant such relief as could be granted by the courts of the State of Washington under Washington State workers compensation law. The decision of the Jamestown S'Klallam Tribal Court shall be final.

5 Chapter 8.06 Claims and Tribal Sovereign Immunity Claims and Tribal Sovereign Immunity Section Claims and Tribal Sovereign Immunity Claims and Sovereign Immunity: A. Except for claims that are wholly covered by workers compensation insurance obtained by the Tribe, nothing in this Title or in any of the Washington State statutory provisions incorporated herein by reference as Tribal law, shall be construed in any way to waive or diminish the sovereign immunity of the Tribe or any of its entities; B. Nothing herein shall act to waive the Tribe's sovereign immunity for suit in any court but Jamestown S'Klallam Tribal Court nor for any damages, penalties, interest, fees, costs, or other injunctive or declaratory relief, however described or characterized, not wholly covered by the Tribe's workers compensation insurance; C. This Title shall only apply, and only act to waive sovereign immunity, if the Tribe has a workers compensation insurance policy in effect. If for any reason the policy lapses or becomes unenforceable, this Title shall not apply to the extent that the policy does not provide insurance coverage. Chapter 8.07 Codification Codification Section Codification The Worker s Comp Ordinance was approved on April 6, 2004 and codified as a Title on February 18, 2005 by Resolution #11-05.