H-4593.1          _______________________________________________

 

                            SUBSTITUTE HOUSE BILL 2434

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By House Committee on Commerce & Labor (originally sponsored by Representatives Franklin, Heavey, Prentice, R. King, Jones and G. Cole)

 

Read first time 02/07/92.  Making technical changes to the statute governing compensation during industrial insurance appeals.


     AN ACT Relating to compensation during industrial insurance appeals; and amending RCW 51.52.060.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 51.52.060 and 1986 c 200 s 11 are each amended to read as follows:

     ((Any)) (1)(a) A worker, beneficiary, employer, or other person aggrieved by an order, decision, or award of the department must, before he or she appeals to the courts, file with the board and the director, by mail or personally, within sixty days from the day on which ((such)) a copy of ((such)) the order, decision, or award was communicated to such person, a notice of appeal to the board((:  PROVIDED, That)).  However, a health services provider or other person aggrieved by a department order or decision making demand, whether with or without penalty, for repayment of sums paid to a provider of medical, dental, vocational, or other health services rendered to an industrially injured worker must, before he or she appeals to the courts, file with the board and the director, by mail or personally, within twenty days from the day on which ((such)) a copy of ((such)) the order or decision was communicated to the health services provider upon whom the department order or decision was served, a notice of appeal to the board. 

     (b) Failure to file a notice of appeal with both the board and the department shall not be grounds for denying the appeal if the notice of appeal is filed with either the board or the department.

     (2) Within ten days of the date on which an appeal has been granted by the board, the board shall notify the other interested parties ((thereto)) to the appeal of the receipt ((thereof)) of the appeal and shall forward a copy of ((said)) the notice of appeal to ((such)) the other interested parties.  Within twenty days of the receipt of such notice of the board, the worker or the employer may file with the board a cross-appeal from the order of the department from which the original appeal was taken((:  PROVIDED, That nothing contained in this section shall be deemed to change, alter or modify the practice or procedure of the department for the payment of awards pending appeal:  AND PROVIDED, That failure to file notice of appeal with both the board and the department shall not be ground for denying the appeal if the notice of appeal is filed with either the board or the department:  AND PROVIDED, That,)).

     (3) If within the time limited for filing a notice of appeal to the board from an order, decision, or award of the department, the department ((shall)) directs the submission of further evidence or the investigation of any further fact, the time for filing such notice of appeal shall not commence to run until ((such)) the person ((shall have)) has been advised in writing of the final decision of the department in the matter((:  PROVIDED, FURTHER, That)).  In the event the department ((shall)) directs the submission of further evidence or the investigation of any further fact, as ((above)) provided in this section, the department shall render a final order, decision, or award within ninety days from the date ((such)) further submission of evidence or investigation of further fact is ordered which time period may be extended by the department for good cause stated in writing to all interested parties for an additional ninety days((:  PROVIDED, FURTHER, That)).

     (4) The department, either within the time limited for appeal, or within thirty days after receiving a notice of appeal, may:

     (a) Modify, reverse or change any order, decision, or award((,)); or ((may))

     (b) Hold ((any such)) the order, decision, or award in abeyance for a period of ninety days which time period may be extended by the department for good cause stated in writing to all interested parties for an additional ninety days pending further investigation in light of the allegations of the notice of appeal((, and)).  The board shall ((thereupon)) deny the appeal upon the issuance of an order holding the earlier order, decision, or award in abeyance, without prejudice to the appellant's right to appeal from any subsequent determinative order issued by the department.

     (5) No provision of this section shall be deemed to change, alter, or modify the practice or procedure of the department for the payment of awards pending appeal.  However, if an employer appeals to the board a department order granting temporary total disability compensation to a worker, the worker shall be entitled to the compensation while the appeal is pending before the board, subject to the requirements of RCW 51.32.240(3).