H-0592.1 _______________________________________________
HOUSE BILL 1282
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives R. King, Cole, Prentice, O'Brien, Hargrove, Ludwig, Jones, Leonard, Riley and Dellwo.
Read first time January 25, 1991. Referred to Committee on Commerce & Labor.
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)). However, 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.)) 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.
(2)
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)) This subsection
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.))
(3) The time limitation of this section shall be ten years in claims involving loss of vision or function of the eyes.
(4) 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.
(5) 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 based on the worker's wage at the time the order is granted or the worker's wage at the time of injury, whichever is greater, and shall be computed under the schedule of payments in effect at the time the order is granted or at the time of injury, whichever is higher.
(6) 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.
(7) 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.
(8) "Closing order" as used in this section means an order based on factors which include medical recommendation, advice, or examination.