FINAL BILL REPORT

HB 187

                                  C 151 L 87

BYRepresentatives McMullen, R. King, Patrick and Dellwo; by request of Board of Industrial Insurance Appeals

Changing provisions relating to introduction of evidence in appeals of orders of the department of labor and industries which allege fraud.

House Committe on Commerce & Labor

Senate Committee on Commerce & Labor

SYNOPSIS AS ENACTED

BACKGROUND:

In an appeal before the Board of Industrial Insurance Appeals, the party bringing the appeal must present its case first and establish at least a prima facie right to the relief sought.  But when the case involves fraud, the courts have held that the Department of Labor and Industries must first introduce the evidence that supports the fraud claim.

SUMMARY:

In an appeal to the Board of Industrial Insurance Appeals from an order of the Department of Labor and Industries that alleges fraud, the department or the self-insured employer must initially introduce all evidence of the fraud in its case.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    48     0

EFFECTIVE:July 26, 1987