S-0636.1  _______________________________________________

                         SENATE BILL 5581

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Franklin, Roach, Fairley, Thibaudeau, Prentice and Kohl‑Welles

Read first time 01/28/1999.  Referred to Committee on Labor & Workforce Development.

Reopening workers' compensation claims.

    AN ACT Relating to reopening workers' compensation claims; amending RCW 51.32.160; creating a new section; and declaring an emergency.

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

    Sec. 1.  RCW 51.32.160 and 1995 c 253 s 2 are each amended to read as follows:

    (1)(a) If aggravation, diminution, or termination of disability takes place, the director may at any time, upon the application of the beneficiary((, made within seven years from the date the first closing order becomes final, or at any time)) or upon ((his or her)) the director's 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,)) or provide proper and necessary medical and surgical services as authorized under RCW 51.36.010.  The department shall promptly mail a copy of the application to the employer at the employer's last known address as shown by the records of the department.

    (b) (("Closing order" as used in this section means an order based on factors which include medical recommendation, advice, or examination.

    (c) 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.

    (d))) 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.

    (2) 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.

    (3) 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.

NEW SECTION. Sec. 2.  This act applies to all claims filed under Title 51 RCW on or after the effective date of this act and to all claims that are open, or remain subject to appeal, as of the effective date of this act, regardless of the date of injury.

NEW SECTION. Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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