H-1432              _______________________________________________

                                                    HOUSE BILL NO. 940

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Lux, Appelwick, Wang and R. King

Read first time 2/16/87 and referred to Committee on Commerce & Labor.

AN ACT Relating to workers' litigation costs and benefits on appeal; amending RCW 51.52.130; and adding a new section to chapter 51.52 RCW.

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

        Sec. 1.  Section 51.52.130, chapter 23, Laws of 1961 as last amended by section 23, chapter 63, Laws of 1982 and RCW 51.52.130 are each amended to read as follows:

          If, on appeal to the court from the decision and order of the board, said decision and order is reversed or modified and additional relief is granted to a worker or beneficiary, or in cases where a party other than the worker or beneficiary is the appealing party and the worker's or beneficiary's right to relief is sustained by the court, a reasonable fee for the services of the worker's or beneficiary's attorney shall be fixed by the court.  In fixing the fee the court shall take into consideration the fee or fees, if any, fixed by the director and the board for such attorney's services before the department and the board.  If the court finds that the fee fixed by the director or by the board is inadequate for services performed before the department or board, or if the director or the board has fixed no fee for such services, then the court shall fix a fee for the attorney's services before the department, or the board, as the case may be, in addition to the fee fixed for the services in the court.  If the decision and order of the board is reversed or modified and if the accident fund is affected by the litigation then the attorney's fee fixed by the court for services before the court only, and the fees of medical and other witnesses and the costs shall be payable out of the administrative fund of the department.  In the case of self-insured employers, if the decision and order of the board is reversed or modified resulting in additional benefits by the litigation that would be paid from the accident fund if the employer were not self-insured, then the attorney fees fixed by the court for services before the court, only, and the fees of medical and other witnesses and the costs shall be payable directly by the self-insured employer.  In cases where the department or the employer is the appealing party and the worker's or beneficiary's right to relief is sustained by the court, then the attorney fees fixed by the court for services before the court only, and the fees of medical and other witnesses and the costs shall be payable out of the administrative fund of the department or by the employer, as the case may be.

NEW SECTION. Sec. 2.  A new section is added to chapter 51.52 RCW to read as follows:

          An injured worker shall be entitled to continuation of benefits under this title during the pendency of an appeal to the board of industrial insurance appeals or to the courts.