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                                                   SENATE BILL NO. 3426

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

 

                                                                            C 314 L 85

 

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Warnke, Newhouse, Vognild and Conner; by Board of Industrial Insurance Appeals request

 

 

Read first time 1/30/85 and referred to Committee on Commerce and Labor.

 

 


AN ACT Relating to industrial insurance; and amending RCW 51.52.104.

 

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

 

        Sec. 1.  Section 6, chapter 148, Laws of 1963 as last amended by section 5, chapter 109, Laws of 1982 and RCW 51.52.104 are each amended to read as follows:

          After all evidence has been presented at hearings conducted by an industrial appeals judge, who shall be an active member of the Washington state bar association, the industrial appeals judge shall enter a proposed or recommended decision and order which shall be in writing and shall contain findings and conclusions as to each contested issue of fact and law, as well as the order based thereon.  The industrial appeals judge shall file the signed original of the proposed decision and order((, signed by him,)) with the board, and copies thereof shall be mailed by the board to each party to the appeal and to ((his)) each party's attorney or representative of record.  Within twenty days, or such further ((period)) time as the board may allow on written application of a party, filed within said twenty days from the date of communication of the proposed decision and order to the parties or their attorneys or representatives of record, any party may file with the board a written petition for review of the same.  ((For purposes of determining whether)) Filing of a petition for review ((has been timely filed, the date such petition for review is received at)) is perfected by mailing or personally delivering the petition to the board's offices in Olympia ((shall be the date upon which filing is perfected)).  Such petition for review shall set forth in detail the grounds therefor and the party or parties filing the same shall be deemed to have waived all objections or irregularities not specifically set forth therein.

          In the event no petition for review is filed as provided herein by any party, the proposed decision and order of the industrial appeals judge shall be adopted by the board and become the decision and order of the board, and no appeal may be taken therefrom to the courts.  If an order adopting the proposed decision and order is not formally signed by the board on the day following the ((expiration of the time period for filing a)) date the petition for review of the proposed decision and order is due, said proposed decision and order shall be deemed adopted by the board and become the decision and order of the board, and no appeal may be taken therefrom to the courts.


                                                                                                                           Passed the Senate April 28, 1985.

 

                                                                                                                                       President of the Senate.

 

                                                                                                                           Passed the House April 12, 1985.

 

                                                                                                                                         Speaker of the House.