H-3902              _______________________________________________

                                                   HOUSE BILL NO. 2698

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Jones, Wolfe, Walker, Prentice, Rector and Cole

Read first time 1/19/90 and referred to Committee on Commerce & Labor.

AN ACT Relating to the reopening of industrial insurance claims; and amending RCW 51.32.160.

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

        Sec. 1.  Section 51.32.160, chapter 23, Laws of 1961 as last amended by section 11, chapter 161, Laws of 1988 and RCW 51.32.160 are each amended to read as follows:

(1) If aggravation, diminution, or termination of disability takes place, the director may, upon the application of the beneficiary, made within seven years from the date the first closing order becomes final, or at any time upon his or her own motion, readjust the rate of compensation in accordance with the rules in this section provided for the same, or in a proper case terminate the payment:  PROVIDED, That the director may, upon application of the worker made at any time, provide proper and necessary medical and surgical services as authorized under RCW 51.36.010.  "Closing order" as used in this section means an order based on factors which include medical recommendation, advice, or examination.  Applications for benefits where the claim has been closed without medical recommendation, advice, or examination are not subject to the seven year limitation of this section.  The preceding sentence shall not apply to any closing order issued prior to July 1, 1981.  First closing orders issued between July 1, 1981, and July 1, 1985, shall, for the purposes of this section only, be deemed issued on July 1, 1985.  The time limitation of this section shall be ten years in claims involving loss of vision or function of the eyes.

(2) If temporary disability compensation is payable under this section, payments shall be made in accordance with the requirements of RCW 51.32.190 and 51.32.210.

(3) If an order denying an application to reopen filed on or after July 1, 1988, is not issued within ninety days of receipt of such application by the self-insured employer or the department, such application shall be deemed granted.  However, for good cause, the department may extend the time for making the final determination on the application for an additional sixty days.

(4) If a worker receiving a pension for total disability returns to gainful employment for wages, the director may suspend or terminate the rate of compensation established for the disability without producing medical evidence that shows that a diminution of the disability has occurred.

(5) No act done or ordered to be done by the director, or the department prior to the signing and filing in the matter of a written order for such readjustment shall be grounds for such readjustment.