TIMELINESS OF APPLICATION TO REOPEN CLAIM (RCW 51.32.160)
Applicability of 1988 amendments
Under the 1988 amendments to RCW 51.32.160, a claim may be reopened at any time for further treatment so long as worsening of condition has been shown. The seven year time limitation does not apply to a reopening for that limited purpose. ....Mike Streubel, 89 4867 (1990) [Editor's Note: The Board's decision was appealed to superior court under Pierce County Cause No. 91-2-10973-2.]
Under the 1988 amendments to RCW 51.32.160, the time limitation is removed for applying to reopen a claim to obtain additional medical services. ....Marven Sandven, 89 3338 (1990)
Calculation of time
The seven year period for filing an application to reopen a claim begins to run when the Department order establishing or terminating compensation becomes a complete and final adjudication. Where no appeal was taken from the original order closing the claim, the statutory period for applying to reopen begins 60 days from the date the order was communicated to the worker. ....Daniel Bauer, 47,841 (1977)
Issue of timeliness of application may be raised for first time on appeal
The Department may raise the statute of limitations defense to the filing of an application to reopen a claim even though the order on appeal did not deny the application on timeliness grounds. Citing Hutchins v. Department of Labor & Indus., 44 Wn. App. 571 review denied 107 Wn.2d 1010 (1986) ....Mike Streubel, 89 4867 (1990) [Editor's Note: The Board's decision was appealed to superior court under Pierce County Cause No. 91-2-10973-2.]