H-3606 _______________________________________________
HOUSE BILL NO. 2700
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By Representatives Cole, Vekich, Prentice, Jones and Leonard
Read first time 1/19/90 and referred to Committee on Commerce & Labor.
AN ACT Relating to industrial insurance claims; amending RCW 51.52.130; and adding new sections to chapter 51.14 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 on appeal by the worker or beneficiary 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)) to the worker or beneficiary, then the attorney fees
fixed by the court for services before the court, only, and the fees of medical
and other witnesses and ((the)) other costs shall be payable
directly by the self-insured employer. If on appeal by the employer the
decision and order of the board is sustained in whole or part, resulting in
affirmance of the worker's or beneficiary's entitlement to benefits, the
attorneys' fees fixed by the court for services before the court, only, and the
fees of medical and other witnesses and other costs shall be payable by the
employer.
NEW SECTION. Sec. 2. (1) The self-insurer shall provide a copy of the employee's claim file at no cost within fifteen days of receipt of a request by the employee or the employee's representative. The self-insurer shall provide the entire contents of the claim file unless the request is for only a particular portion of the file.
(2) The self-insurer shall transmit notice to the department of any protest by an employee relating to the administration of an industrial injury claim under this chapter by the end of the next working day. Failure of a self-insurer to comply with this notification requirement shall subject the self- insurer to the penalty provisions of RCW 51.48.017.
(3) The self-insurer shall submit a medical report with the request for closure of a claim under this chapter.
NEW SECTION. Sec. 3. The self-insurer shall request allowance or denial of a claim within sixty days from the date that the claim is filed, or the claim shall be deemed allowed. A self-insurer may request, for good cause, an extension of the deadline for an additional thirty days, if written notice of the extension is provided to the employee within forty-five days from the date the claim is filed.
NEW SECTION. Sec. 4. Sections 2 and 3 of this act are each added to chapter 51.14 RCW.