H-896                _______________________________________________

                                                   HOUSE BILL NO. 1381

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Nelson and Brekke

Read first time 1/23/89 and referred to Committee on Commerce & Labor.

AN ACT Relating to industrial insurance decisions by the department of labor and industries; and amending RCW 51.52.050.

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

        Sec. 1.  Section 51.52.050, chapter 23, Laws of 1961 as last amended by section 1, chapter 151, Laws of 1987 and RCW 51.52.050 are each amended to read as follows:

(1) Whenever the department has made any order, decision, or award, it shall promptly serve the worker, beneficiary, employer, or other person affected thereby, with a copy thereof by mail, which shall be addressed to such person at his or her last known address as shown by the records of the department.

(a) Except as otherwise specified in (b) of this subsection, the copy, in case the same is a final order, decision, or award, shall bear on the same side of the same page on which is found the amount of the award, a statement, set in black faced type of at least ten point body or size, that such final order, decision, or award shall become final within sixty days from the date the order is communicated to the parties unless a written request for reconsideration is filed with the department of labor and industries, Olympia, or an appeal is filed with the board of industrial insurance appeals, Olympia((:  PROVIDED, That)).

(b) 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, shall state that such order or decision shall become final within twenty days from the date the order or decision is communicated to the parties unless a written request for reconsideration is filed with the department of labor and industries, Olympia, or an appeal is filed with the board of industrial insurance appeals, Olympia.

(2) Whenever the department has taken any action or made any decision relating to any phase of the administration of this title the worker, beneficiary, employer, or other person aggrieved thereby may request reconsideration of the department, or may appeal to the board.

(a) If the worker, beneficiary, employer, or other aggrieved person requests reconsideration of the department's action or decision, the department shall render a new decision within ninety days from the date that reconsideration was requested.  For good cause stated in writing to the person requesting reconsideration, the department may extend the ninety-day time period for an additional ninety days.

(b) In an appeal before the board, the appellant shall have the burden of proceeding with the evidence to establish a prima facie case for the relief sought in such appeal:  PROVIDED, That in an appeal from an order of the department that alleges fraud, the department or self-insured employer shall initially introduce all evidence in its case in chief.  Any such person aggrieved by the decision and order of the board may thereafter appeal to the superior court, as prescribed in this chapter.