3139-S2 AMH COND ELGE 053

2SHB 3139 - H AMD 1269

By Representative Condotta

FAILED 2/19/2008

   On page 2, beginning on line 16, after "(b)" strike all material through "board." on line 20 and insert "An employer appeal of a department order shall operate as a stay of the order except: An employer appeal of an order awarding temporary total disability benefits shall not operate as a stay of temporary total disability benefits, and such temporary total disability benefits shall be paid no later than fifteen days after the board grants the appeal, unless an employer moves for a stay of the department’s order within fifteen days after the board grants the appeal."

   On page 2, beginning on line 33, strike all of subsections (i) and (ii) and insert the following:

   "If a self-insured employer appeals an order setting the claimant's temporary total disability rate, the claimant shall receive any temporary total disability benefits based upon the rate calculation that the employer most recently submitted to the department and payment of benefits at this rate shall not be stayed pending a final decision on the merits. However, payment of temporary total disability benefits at the increased rate in the order on appeal is stayed without further action by the board pending a final decision on the merits."

   On page 5, beginning on line 17, strike all of subsection (c)

   Renumber the remaining subsection consecutively and correct any internal references accordingly.

EFFECT: Provides that an appeal operates as a stay of an order except for temporary total disability benefits, which must be paid within 15 days after the Board of Industrial Insurance Appeals grants the appeal, unless the employer moves for a stay. Provides that payment of benefits at the rate that is not in dispute applies only to temporary total disability benefits.