SENATE 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

Senate Committee on Commerce & Labor

Senate Hearing Date(s):March 25, 1987

Majority Report:  Do pass.

      Signed by Senators Warnke, Chairman; Smitherman, Vice Chairman; Anderson, Cantu, Lee, Tanner, Vognild, West, Williams, Wojahn.

Senate Staff:Dave Cheal (786-7576)

                  March 25, 1987

AS REPORTED BY COMMITTEE ON COMMERCE & LABOR, MARCH 25, 1987

BACKGROUND:

The party bringing an appeal before the Board of Industrial Insurance Appeals, 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 is based on fraud, the department or the self-insured employer must initially introduce all evidence of the fraud in its case in chief.

Fiscal Note:      none requested

Senate Committee - Testified: Frank Fennerty, Board of Industrial Insurance Appeals; Phil Bork, Board of Industrial Insurance Appeals