Author: Elizabeth Aaberg
Psychologists Now Allowed to Serve as Attending Providers in Washington
Previously, psychologists were not permitted to serve as an attending provider in Washington workers’ compensation claims. However, House Bill 1197, which was passed during the 2023 legislative session, will update RCW 51.28.020 to allow psychologists to serve as an attending provider for workers’ compensation claims that solely involve mental health…
What constitutes a valid light duty job offer in Washington?
If an injured worker is not able to perform their job of injury, but is able to perform some type of work, offering a light duty job is often a good option. For a light duty job offer to be “valid” pursuant to RCW 51.32.090(b): A job description or job…
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 error, innocent misrepresentation or willful misrepresentation (RCW 51.32.240). Often overpayments arise when a worker is paid provisional time loss benefits and the claim is later…
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 await issuance of a closing order. However, self-insured employers have the authority to close certain claims through a Self-Insured Employer’s Closure Order and Notice pursuant…
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 of decision and orders as “significant”, meaning they contain an analysis or decision of substantial importance. The Board originally published In re Michael Reed, BIIA…
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 claim was last closed or ordered to remain closed (either by an affirming order or a reopening denial order). However, the worsening must also be…
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. According to the pre-proposal filed on August 17, 2021, this permanent rulemaking will consider requirements for trigger temperatures or another measure of environmental conditions stress…
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 under WISHA. Labor & Industries v. Tradesmen International, LLC, 198 Wn.2d 524 (2021). The Washington Supreme Court consolidated two cases involving separate staffing agencies, Tradesman…
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 examination. In the revised statute, an IME is only allowed when needed to: make a decision regarding claim allowance or reopening, resolve a new medical…
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 years of age with accepted claims older than 180 days. CRSSAs are effective tools to globally resolve claims as they allow the parties to settle…
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 returning Washington residents, self-quarantine for 14 days after arrival. On November 24, 2020, the Department of Labor and Industries announced that in light of the…
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 has become common for employers in Washington to hire temporary agricultural workers through the H-2A visa program. Wage calculation in workers compensation cases involving H-2A…
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), if a worker is performing modified duty and that modified duty “comes to an end”, before his or her recovery is sufficient to permit a…
