H-4683.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2496

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Jones, Fuhrman, Heavey, Lisk, Vance, G. Cole, Franklin, Prentice, O'Brien and Paris)

Read first time 02/07/92.  Concerning industrial insurance administrative appeals.

     AN ACT Relating to notice of an industrial insurance appeal; and amending RCW 51.52.110.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 51.52.110 and 1988 c 202 s 49 are each amended to read as follows:

     Within thirty days after a decision of the board to deny the petition or petitions for review upon such appeal has been communicated to such worker, beneficiary, employer or other person, or within thirty days after the final decision and order of the board upon such appeal has been communicated to such worker, beneficiary, employer or other person, or within thirty days after the appeal is denied as herein provided, such worker, beneficiary, employer or other person aggrieved by the decision and order of the board may appeal to the superior court.  If such worker, beneficiary, employer, or other person fails to file with the superior court its appeal as provided in this section within said thirty days, the decision of the board to deny the petition or petitions for review or the final decision and order of the board shall become final.

     In cases involving injured workers, an appeal to the superior court shall be to the superior court of the county of residence of the worker or beneficiary, as shown by the department's records, or to the superior court of the county wherein the injury occurred or where neither the county of residence nor the county wherein the injury occurred are in the state of Washington then the appeal may be directed to the superior court for Thurston county.  In all other cases the appeal shall be to the superior court of Thurston county.  Such appeal shall be perfected by filing with the clerk of the court a notice of appeal and by serving a copy thereof by mail, or personally, on the director ((and)), on the board, on the worker or on the beneficiary, and on any other person who appears as a party at the board's proceeding.  If the case is one involving a self-insurer, a copy of the notice of appeal shall also be served by mail, or personally, on such self-insurer.  An appeal shall not be dismissed for failure to comply with the notice provisions of this section where there has been substantial compliance by the petitioner with the intent of this section.  The department shall, in all cases not involving a self-insurer, within twenty days after the receipt of such notice of appeal, serve and file its notice of appearance and such appeal shall thereupon be deemed at issue.  If the case is one involving a self-insurer, such self-insurer shall, within twenty days after receipt of such notice of appeal, serve and file its notice of appearance and such appeal shall thereupon be deemed to be at issue.  In such cases the department may appear and take part in any proceedings.  The board shall serve upon the appealing party, the director, the worker or the beneficiary, the self-insurer if the case involves a self-insurer, and any other party appearing at the board's proceeding, and file with the clerk of the court before trial, a certified copy of the board's official record which shall include the notice of appeal and other pleadings, testimony and exhibits, and the board's decision and order, which shall become the record in such case.  No bond shall be required on appeals to the superior court or on review by the supreme court or the court of appeals, except that an appeal by the employer from a decision and order of the board under RCW 51.48.070, shall be ineffectual unless, within five days following the service of notice thereof, a bond, with surety satisfactory to the court, shall be filed, conditioned to perform the judgment of the court.  Except in the case last named an appeal shall not be a stay:  PROVIDED, HOWEVER, That whenever the board has made any decision and order reversing an order of the supervisor of industrial insurance on questions of law or mandatory administrative actions of the director, the department shall have the right of appeal to the superior court.