_______________________________________________
SENATE BILL NO. 3426
_______________________________________________
AS AMENDED BY THE HOUSE
C 314 L 85
State of Washington 49th Legislature 1985 Regular Session
By Senators Warnke, Newhouse, Vognild and Conner; by Board of Industrial Insurance Appeals request
Read first time 1/30/85 and referred to Committee on Commerce and Labor.
AN ACT Relating to industrial insurance; and amending RCW 51.52.104.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 6, chapter 148, Laws of 1963 as last amended by section 5, chapter 109, Laws of 1982 and RCW 51.52.104 are each amended to read as follows:
After all
evidence has been presented at hearings conducted by an industrial appeals
judge, who shall be an active member of the Washington state bar association,
the industrial appeals judge shall enter a proposed or recommended decision and
order which shall be in writing and shall contain findings and conclusions as
to each contested issue of fact and law, as well as the order based thereon.
The industrial appeals judge shall file the signed original of the
proposed decision and order((, signed by him,)) with the board, and
copies thereof shall be mailed by the board to each party to the appeal and to
((his)) each party's attorney or representative of
record. Within twenty days, or such further ((period)) time as
the board may allow on written application of a party, filed within said twenty
days from the date of communication of the proposed decision and order to the
parties or their attorneys or representatives of record, any party may
file with the board a written petition for review of the same. ((For
purposes of determining whether)) Filing of a petition for review ((has
been timely filed, the date such petition for review is received at)) is
perfected by mailing or personally delivering the petition to the board's
offices in Olympia ((shall be the date upon which filing is perfected)).
Such petition for review shall set forth in detail the grounds therefor and the
party or parties filing the same shall be deemed to have waived all objections
or irregularities not specifically set forth therein.
In the
event no petition for review is filed as provided herein by any party, the
proposed decision and order of the industrial appeals judge shall be adopted by
the board and become the decision and order of the board, and no appeal may be
taken therefrom to the courts. If an order adopting the proposed decision and
order is not formally signed by the board on the day following the ((expiration
of the time period for filing a)) date the petition for review of
the proposed decision and order is due, said proposed decision and order
shall be deemed adopted by the board and become the decision and order of the
board, and no appeal may be taken therefrom to the courts.