HOUSE BILL REPORT

HB 187

BYRepresentatives McMullen, R. King, Patrick and Dellwo; by request of Board of Industrial Insurance Appeals

Changing provisions relating to introduction of evidence in appeals of orders of the department of labor and industries which allege fraud.

House Committe on Commerce & Labor

Majority Report:     Do pass.  (11)

     Signed by Representatives Wang, Chair; Cole, Vice Chair; Fisch, Fisher, R. King, O'Brien, Patrick, Sanders, Sayan, C. Smith and Walker.

House Staff:Chris Cordes (786-7117)

AS PASSED HOUSE FEBRUARY 25, 1987

BACKGROUND:

In an appeal before the Board of Industrial Insurance Appeals, the party bringing the appeal must present its case first and establish at least a prima facie right to the relief sought.  When the case involves fraud, the courts have held that the Department of Labor and Industries must first introduce the evidence that supports the fraud claim.

SUMMARY:

In an appeal to the Board of Industrial Insurance Appeals from an order of the Department of Labor and Industries that alleges fraud, the department or the self-insured employer must initially introduce all evidence of the fraud in its case in chief.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Frank Fennerty and Phil Bork, Board of Industrial Insurance Appeals.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     Requiring that evidence of the fraud be presented first on appeal to the Board of Industrial Insurance Appeals will bring the law into conformity with court decisions.

House Committee - Testimony Against: None Presented.