Every worker who suffers disability from an occupational disease in the course of employment under the mandatory or elective adoption provisions of this title, or his or her family and dependents in case of death of the worker from such disease or infection, shall receive the same compensation benefits and medical, surgical and hospital care and treatment as would be paid and provided for a worker injured or killed in employment under this title, except as follows: (a) [(1)] This section and RCW 51.16.040 shall not apply where the last exposure to the hazards of the disease or infection occurred prior to January 1, 1937; and (b) [(2)] for claims filed on or after July 1, 1988, the rate of compensation for occupational diseases shall be established as of the date the disease requires medical treatment or becomes totally or partially disabling, whichever occurs first, and without regard to the date of the contraction of the disease or the date of filing the claim.
RCW 51.32.180
Occupational diseases—Limitation.
Applied in 26 court decisions — leading case 109 Wash. 2d 467 - Dennis v. Department of Labor & Industries (1987)
Most recently applied in Stephen Bradley, V. City Of Olympia & Washington Dept. Of L&i (November 2021)
1988 c 161 s 5; 1977 ex.s. c 350 s 53; 1971 ex.s. c 289 s 49; 1961 c 23 s 51.32.180
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.