5515-S AAS 3/17/93 S2594.1 000397
SSB 5515 - S AMD - 000397
By Senator Prentice
ADOPTED 3/17/93
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 51.52.130 and 1982 c 63 s 23 are each amended to read as follows:
If, on appeal to the superior
or appellate 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 in a worker or beneficiary appeal the decision and order of
the board is reversed or modified and if the accident fund or medical aid
fund is affected by the litigation ((then)), or if in an appeal
by the department or employer the worker or beneficiary's right to relief is sustained,
or in an appeal by a worker involving a state fund employer with twenty-five
employees or less, in which the department does not appear and defend, and the
board order in favor of the employer is sustained, 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 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, then)) the attorney fees fixed
by the court, for services before the court((,)) only, and the
fees of medical and other witnesses and the costs shall be payable directly by
the self-insured employer.
NEW SECTION. Sec. 2. (1) The self-insurer shall provide, when authorized under RCW 51.28.070, 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. If the self-insured employer determines that release of the claim file to an unrepresented worker in whole or in part, may not be in the worker's best interests, the employer must submit a request for denial with an explanation along with a copy of that portion of the claim file not previously provided within twenty days after the request from the worker. In the case of second or subsequent requests, a reasonable charge for copying may be made. The self-insurer shall provide the entire contents of the claim file unless the request is for only a particular portion of the file. Any new material added to the claim file after the initial request shall be provided under the same terms and conditions as the initial request.
(2) The self-insurer shall transmit notice to the department of any protest or appeal by an employee relating to the administration of an industrial injury or occupational disease claim under this chapter within five working days of receipt. The date that the protest or appeal is received by the self-insurer shall be deemed to be the date the protest is received by the department for the purpose of RCW 51.52.050.
(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. If the self-insurer fails to act within sixty days, the department shall promptly intervene and adjudicate the claim.
NEW SECTION. Sec. 4. Failure of a self-insurer to comply with sections 2 and 3 of this act shall subject the self-insurer to a penalty under RCW 51.48.080, which shall accrue for the benefit of the employee. The director shall issue an order conforming with RCW 51.52.050 determining whether a violation has occurred within thirty days of a request by an employee.
NEW SECTION. Sec. 5. Sections 2 through 4 of this act are each added to chapter 51.14 RCW."
SSB 5515 - S AMD
By Senator Prentice
ADOPTED 3/17/93
On page 1, line 2 of the title, after "claims;" strike the remainder of the title and insert "amending RCW 51.52.130; adding new sections to chapter 51.14 RCW; and prescribing penalties."
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