Author: Elizabeth Aaberg

March 25, 2024
by Elizabeth Aaberg

How to Collect an Overpayment in Washington

It is not uncommon for an overpayment of benefits to occur during the administration a workers’ compensation claim. An overpayment may arise due to clerical…

December 5, 2023
by Elizabeth Aaberg

When can a Washington self-insured employer issue a closing order?

Generally, when a Washington workers’ compensation claim is ready for closure, a self-insured employer will submit a request for claim closure to the Department and…

March 20, 2023
by Elizabeth Aaberg

Washington Board of Industrial Insurance Appeals Makes In Re Michael Reed a Significant Decision

On March 7, 2023, the Washington Board of Industrial Insurance Appeals published its Significant Decisions from 2022. Each year the Board classifies a small number…

October 12, 2022
by Elizabeth Aaberg

Proximate Cause – The Often Overlooked Requirement for Claim Reopening in Washington

In order to reopen a workers’ compensation claim in Washington, a worker must establish that an accepted condition has objectively worsened since the date the…

April 27, 2022
by Elizabeth Aaberg

Washington L&I Conducts Ambient Heat Exposure Rulemaking

The Department is conducting rulemaking to update the requirements for occupational heat exposure from high ambient temperatures in all industries, including outdoor and indoor exposures….

December 15, 2021
by Elizabeth Aaberg

Washington Supreme Court Issues Ruling on WISHA Violations for Staffing Agencies

In the recent Tradesman case, the Washington Supreme Court addressed whether in the joint employer context, staffing agencies may be liable employers for safety violations…

August 4, 2021
by Elizabeth Aaberg

Potential New Rules Regarding IMEs in Washington

Effective January 1, 2021, legislative revisions to RCW 51.36.070 narrowed the circumstances under which self-insured employers may require a claimant to attend an independent medical…

April 14, 2021
by Elizabeth Aaberg

Big Changes to Structured Settlements with Passage of Washington’s Senate Bill 5046

A claim resolution structured settlement agreement (“CRSSA”) is a type of settlement agreement that can be utilized in matters involving claimants of at least 50…

December 9, 2020
by Elizabeth Aaberg

COVID 19 Travel Restrictions – Impact on Independent Medical Examinations in Washington

On November 13, 2020 Washington state governor Jay Inslee issued a travel advisory recommending that people arriving in Washington from other states or countries, including…

August 12, 2020
by Elizabeth Aaberg

Wage Calculation of H-2A Visa Workers in Washington

The United States H-2A visa program allows employers to bring foreign nationals into the country to fill temporary agricultural positions. Due to labor shortages, it…

April 1, 2020
by Elizabeth Aaberg

Washington: COVID 19 and Voluntary Termination/Unemployment Benefits

Workers’ Compensation Is time loss due if a worker performing modified duty takes a voluntary layoff in the context of COVID-19? According to RCW 51.32.090(4),…