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ENGROSSED SENATE BILL 5613
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State of Washington 54th Legislature 1995 Regular Session
By Senators Pelz, Franklin, Hargrove, Snyder, Fraser, Bauer, McAuliffe, Smith, Prentice, Heavey and Rinehart
Read first time 01/30/95. Referred to Committee on Labor, Commerce & Trade.
AN ACT Relating to the authority of the department of labor and industries to hold industrial insurance orders in abeyance; 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)) the 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));
or
(b)(i) Except as
provided in (b)(ii) of this subsection, hold ((any such)) an
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));
or
(ii) Hold an order, decision, or award issued under RCW 51.32.160 in abeyance for a period not to exceed ninety days from the date of receipt of an application under RCW 51.32.160. The department may extend the ninety-day time period for an additional sixty days for good cause. However, the department may not exercise the authority granted in this subsection (4)(b)(ii) with respect to the claim of a worker employed by a self-insurer unless the department has notified the self-insurer of the receipt of the application under RCW 51.32.160 and has forwarded a copy of the application, by certified mail, within ten working days of the department's receipt of the application. In such a case, the ninety-day period shall commence when the notice and application are received by the self-insurer. For the purposes of this subsection (4)(b)(ii), good cause includes delay that results from conduct of the claimant that is subject to sanction under RCW 51.32.110.
The board shall
((thereupon)) deny the appeal upon the issuance of an order under (b)
(i) or (ii) of this subsection holding an 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.
This subsection (4)(b) does not apply to applications deemed granted under RCW 51.32.160.
(5) A provision of this section shall not be deemed to change, alter, or modify the practice or procedure of the department for the payment of awards pending appeal.
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