HOUSE BILL REPORT
HB 2698
BYRepresentatives Jones, Wolfe, Walker, Prentice, Rector and Cole
Revising provisions for the reopening of industrial insurance claims.
House Committe on Commerce & Labor
Majority Report: Do pass. (11)
Signed by Representatives Vekich, Chair; Cole, Vice Chair; Smith, Ranking Republican Member; Forner, Jones, R. King, Leonard, O'Brien, Prentice, Walker and Wolfe.
House Staff:Chris Cordes (786-7117)
AS PASSED HOUSE FEBRUARY 12, 1990
BACKGROUND:
Within seven years of the first order closing an industrial insurance claim, an injured worker may apply to reopen the claim because of aggravation of his or her disability. The department must act upon the application within 90 days, unless the time period is extended for good cause. In some cases, an order reopening the claim may not be entered for several months and the worker's benefits may be delayed.
SUMMARY:
If an injured worker applies for reopening of his or her industrial insurance claim and temporary disability payments are payable, benefit payments must begin within 14 days of the receipt of the application.
Fiscal Note: Requested January 27, 1990.
House Committee ‑ Testified For: Wayne Lieb, Washington Trial Lawyers Association; and Jeff Johnson, Washington State Labor Council.
House Committee - Testified Against: Wayne Williams, Washington Self Insurers Association.
House Committee - Testimony For: Applications for reopening a worker's compensation case should be treated just like original applications for a new injury. If the information submitted by the worker indicates that a valid reopening claim has been filed, then the worker should begin getting benefits within the statutory time limit of 14 days. Injured workers suffer when benefits are delayed for long periods.
House Committee - Testimony Against: Evaluating an application for reopening a claim is more complicated than evaluating a new injury claim. Because only the Department of Labor and Industries can approve the application, the burden of paying the benefits is placed on the self-insured employer even though the employer can do nothing to speed up the evaluation process.