H-0568.1 _______________________________________________
HOUSE BILL 1333
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Hargrove, Heavey, Phillips, Jones, R. Meyers, Wineberry, Padden and Fuhrman.
Read first time January 25, 1991. Referred to Committee on Commerce & Labor.
AN ACT Relating to industrial insurance appeals; and amending RCW 51.52.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 51.52.060 and 1986 c 200 s 11 are each amended to read as follows:
(1)(a)
Any worker, beneficiary, employer, or other person aggrieved by an order,
decision, or award of the department ((must)) shall, before he or
she appeals to the courts, file with the board and the director, by mail or
personally, within sixty days from the day on which such copy of such order, decision,
or award was communicated to such person, a notice of appeal to the board((:
PROVIDED, That)). However, a health services provider or other
person aggrieved by a department order or decision making demand, whether with
or without penalty, for repayment of sums paid to a provider of medical,
dental, vocational, or other health services rendered to an industrially
injured worker ((must)) shall, before he or she appeals to the
courts, file with the board and the director, by mail or personally, within
twenty days from the day on which ((such)) a copy of ((such))
the order or decision was communicated to the health services provider
upon whom the department order or decision was served, a notice of appeal to
the board.
(b) Failure to file notice of appeal with both the board and the department shall not be grounds for denying the appeal if the notice of appeal is filed with either the board or the department.
(2)
Within ten days of the date on which an appeal has been granted by the board,
the board shall notify the other interested parties ((thereto)) to
the appeal of the receipt ((thereof)) of the appeal and shall
forward a copy of ((said)) the notice of appeal to ((such))
the other interested parties. Within twenty days of the receipt of such
notice of the board, the worker or the employer may file with the board a
cross-appeal from the order of the department from which the original appeal
was taken((: PROVIDED, That nothing contained in this section shall be
deemed to change, alter or modify the practice or procedure of the department
for the payment of awards pending appeal: AND PROVIDED, That failure to file
notice of appeal with both the board and the department shall not be ground for
denying the appeal if the notice of appeal is filed with either the board or
the department: AND PROVIDED, That,)).
(3)
If within the time limited for filing a notice of appeal to the board from
an order, decision, or award of the department, the department ((shall))
directs the submission of further evidence or the investigation of any
further fact, the time for filing such notice of appeal shall not commence to
run until such person shall have been advised in writing of the final decision
of the department in the matter((: PROVIDED, FURTHER, That)). In
the event the department ((shall)) directs the submission of
further evidence or the investigation of any further fact, as ((above))
provided in this section, the department shall render a final order,
decision, or award within ninety days from the date such further submission of
evidence or investigation of further fact is ordered which time period may be
extended by the department for good cause stated in writing to all interested
parties for an additional ninety days((: PROVIDED, FURTHER, That)).
(4) The department, either within the time limited for appeal, or within thirty days after receiving a notice of appeal, may:
(a)
Modify, reverse or change any order, decision, or award((,));
or ((may))
(b)
Hold any such order, decision, or award in abeyance for a period of ninety
days which time period may be extended by the department for good cause stated
in writing to all interested parties for an additional ninety days pending
further investigation in light of the allegations of the notice of appeal((,
and)). However, in the case of an appeal by a worker, this subsection
(4)(b) shall apply only if the department obtains prior written consent of the
worker.
(c) If the department takes action under (a) or (b) of this subsection, the board shall thereupon deny the appeal, without prejudice to the appellant's right to appeal from any subsequent determinative order issued by the department.
(5) Nothing contained in this section shall be deemed to change, alter, or modify the practice or procedure of the department for the payment of awards pending appeal.