S-1977.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5329

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senate Committee on Commerce & Labor (originally sponsored by Senators Anderson, Owen, Matson and McCaslin).

Read first time March 6, 1991.Revising provisions for self‑insured employers' claims reopenings.

     AN ACT Relating to self-insured employers' claims reopenings; 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:

     If aggravation, diminution, or termination of disability takes place, the director or, in cases of aggravation, the self-insured employer 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)) the director's 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.  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 or self-insured employer may extend the time for making the final determination on the application for an additional sixty days.

     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.

     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.

In cases of aggravation accepted by self-insured employers, the administration of the reopened claims shall continue to be in accordance with RCW 51.32.090.