H-4593.1 _______________________________________________
SUBSTITUTE HOUSE BILL 2434
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By House Committee on Commerce & Labor (originally sponsored by Representatives Franklin, Heavey, Prentice, R. King, Jones and G. Cole)
Read first time 02/07/92.
AN ACT Relating to compensation during 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:
((Any))
(1)(a) A worker, beneficiary, employer, or other person aggrieved by an
order, decision, or award of the department must, 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)) a copy of ((such))
the 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, 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 a 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)) the person ((shall have)) has 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)) the 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)). The board shall ((thereupon))
deny the appeal upon the issuance of an order holding the earlier order,
decision, or award in abeyance, without prejudice to the appellant's right
to appeal from any subsequent determinative order issued by the department.
(5) No provision of this section shall be deemed to change, alter, or modify the practice or procedure of the department for the payment of awards pending appeal. However, if an employer appeals to the board a department order granting temporary total disability compensation to a worker, the worker shall be entitled to the compensation while the appeal is pending before the board, subject to the requirements of RCW 51.32.240(3).