Z-241                 _______________________________________________

 

                                                   SENATE BILL NO. 3426

                        _______________________________________________

 

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 and 51.41.060.

 

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.

 

        Sec. 2.  Section 6, chapter 63, Laws of 1982 as amended by section 3, chapter 86, Laws of 1983 and RCW 51.41.060 are each amended to read as follows:

          (1) If a determination of ineligibility is unacceptable to a worker or employer, or if a vocational rehabilitation plan is unacceptable to a worker or employer, the worker or employer may petition the supervisor of industrial insurance to review the decision.  The supervisor, or the supervisor's designee, shall render a final decision within thirty days of receipt of the petition for review.

          (2) The worker or employer may appeal a final decision of the supervisor, or the supervisor's designee, to the board of industrial insurance appeals for an expedited appeal which shall be heard as provided in this section.  Board review of such decisions shall be limited to matters of law.  A final decision shall be rendered within thirty days of the closing of the hearing proceeding((, and)).  The procedures relating to recommended decisions and orders, and petitions for review of same, as contained in RCW 51.52.104 and 51.52.106, shall not be applicable to appeals filed under this section.  Further appeals taken from the final decision of the board shall be governed by the provisions relating to judicial review of administrative decisions contained in RCW 34.04.130 and 34.04.140 as now existing or hereafter amended.  The department shall have the same right of review of the board's decision as does any other aggrieved party.

          (3) For purposes of this section, "expedited appeal" means an appeal filed with the board within fifteen working days after receipt of notice of the decision from the supervisor or the supervisor's designee.  An expedited appeal shall be heard within thirty calendar days following receipt of (a) the notice of appeal from an aggrieved party, or (b) a legible copy of the records of the office of rehabilitation review, whichever is later.  The hearing held under this section shall be recorded and shall be confined to review of the records of the office of rehabilitation review.  However, in cases of alleged irregularities in procedure not revealed by the records, testimony concerning such irregularities may be received by the board.  The board shall in addition have authority, upon request by the worker or the employer, to hear oral argument and receive written information concerning the matter in dispute.

          (4) The board of industrial insurance appeals shall have the authority to make, amend, and rescind in a manner prescribed by chapter 34.04 RCW such rules as may be necessary to carry out this section.