H-1818.2 _______________________________________________
SUBSTITUTE HOUSE BILL 1282
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Commerce & Labor (originally sponsored by Representatives R. King, Cole, Prentice, O'Brien, Hargrove, Ludwig, Jones, Leonard, Riley and Dellwo).
Read first time February 22, 1991.
AN ACT Relating to reopening of industrial insurance claims; and amending RCW 51.32.160.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 51.32.160 and 1988 c 161 s 11 are each amended to read as follows:
(1)
If aggravation, diminution, or termination of disability takes place, the
director may, upon the application of the beneficiary, ((made within seven
years from the date the first closing order becomes final,)) or at any time
upon his or her own motion, readjust the rate of compensation in accordance
with the rules in this section provided for the same, or in a proper case
terminate the payment((: PROVIDED, That the director may, upon application
of the worker made at any time, provide proper and necessary medical and
surgical services as authorized under RCW 51.36.010. "Closing order"
as used in this section means an order based on factors which include medical
recommendation, advice, or examination.
Applications
for benefits where the claim has been closed without medical recommendation,
advice, or examination are not subject to the seven year limitation of this
section. The preceding sentence shall not apply to any closing order issued
prior to July 1, 1981. First closing orders issued between July 1, 1981, and
July 1, 1985, shall, for the purposes of this section only, be deemed issued on
July 1, 1985.
The
time limitation of this section shall be ten years in claims involving loss of
vision or function of the eyes)).
(2) If an order denying an application to reopen filed on or after July 1, 1988, is not issued within ninety days of receipt of such application by the self-insured employer or the department, such application shall be deemed granted. However, for good cause, the department may extend the time for making the final determination on the application for an additional sixty days.
(3) If temporary disability compensation is payable to the injured worker under an order granting an application to reopen the worker's claim, payment shall be:
(a) Based on:
(i) The worker's wages at the time of filing the application to reopen the claim; or
(ii) The worker's wages at the time of injury, if the department determines, upon petition by the worker, that the worker's wages at the time the application is filed are less than his or her wages at the time of injury due to the effects of the injury on the worker's earning power; and
(b) Computed under the schedule of payments in effect at the time the application is granted.
(4) If a worker receiving a pension for total disability returns to gainful employment for wages, the director may suspend or terminate the rate of compensation established for the disability without producing medical evidence that shows that a diminution of the disability has occurred.
(5) No act done or ordered to be done by the director, or the department prior to the signing and filing in the matter of a written order for such readjustment shall be grounds for such readjustment.