1243 AMS LAB S3032.1
HB 1243 - S COMM AMD
By Committee on Labor & Commerce
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 51.52.050 and 1987 c 151 s 1 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. 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)).
However, 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. If an employer requests reconsideration of a department order in favor of an injured worker, the employer must submit all information relevant to the request within sixty days of requesting reconsideration and the department may consider only the information that is timely submitted. For good cause shown, the department may extend the time period for an additional thirty days. If the worker or beneficiary requests reconsideration of a department order in favor of the employer, the worker or beneficiary must submit all information relevant to the request within sixty days of requesting reconsideration and the department may consider only the information that is timely submitted. For good cause shown, the department may extend the time period for an additional thirty days.
(3) 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)). However, 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)) A
person aggrieved by the decision and order of the board may thereafter appeal
to the superior court, as prescribed in this chapter."
HB 1243 - S COMM AMD
By Committee on Labor & Commerce
On page 1, line 2 of the title, after "orders;" strike the remainder of the title and insert "and amending RCW 51.52.050."
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