Author: Lee Ann Lowe
WASHINGTON COLA INCREASES ON JULY 1ST
Effective Friday July 1, 2016 the annual cost of living adjustments (COLA) will take effect for the benefit period of July 1, 2016 through June 30, 2017. Washington’s statewide average wage increased from $54,829.00 in 2014 to $56,273.00 in 2015, an increase factor of 1.0263364278. As usual, there will be…
New Oregon Sick Leave Law
Effective January 1, 2016, all Oregon employers are required to implement sick leave for all employees. Here is what you need to know about the new law: All employers within the state of Oregon with 10 or more employees must have a policy allowing employees to accrue and use up…
Washington Department of Labor and Industries Revises the Interlocutory Process
On July 16, 2015 the Department issued a new set of guidelines for self-insured employers to obtain an interlocutory order. The 60-day period following the self-insured employer’s receipt of notice of a new claim, prior to when the claim is allowed or denied by the Department, is referred to as…
Washington Court of Appeals finally issues long-awaited Zimmerman opinion.
In Board of Industrial Insurance Appeals v. South Kitsap School District and Daniel Zimmerman, issued today, the Court of Appeals addressed the extent of the Board’s authority to disapprove structured settlements. In February 2012 Mr. Zimmerman and the District entered into a structured settlement agreement in which he agreed to…
L&I Responsible for Post-Pension Medical Treatment When Second Injury Fund Relief Has Been Granted
The Court of Appeals has determined when Second Injury Fund relief has been granted, the Department, not the employer, is responsible for payment of post-closure medical treatment when the treatment is not solely due to the work injury. In The Boeing Co. v. Dep’t of Labor and Indus., ___ Wn….
New Washington Appellate decision limits Department discretion to authorize additional medical treatment under RCW 51.36.010 to cases closed with permanent total disability.
In Dep’t of Labor and Indus. v. Slaugh, decided October 31, 2013, the Washington Court of Appeals, Division III reversed a BIIA Order allowing ongoing treatment after claim closure. The claim for occupational asthma and restrictive airways disease was closed in May 2010 with an award for PPD. Claimant requested…
New Washington 2013 Benefits Schedule Effective Today
On June 25, 2013 the Department announced the 2013 benefits schedule. The cost of living adjustment (COLA) rate increase is 1.03409, based on a statewide average wage of $51,595 for 2012, a slight increase from the $49,894 average wage in 2011. The new COLA rate will be effective July 1,…
New Portland City Ordinance Requires Mandatory Sick Leave
Today the City of Portland passed a citywide ordinance which will take effect January 1, 2014 requiring all Portland businesses to provide sick leave to employees. A similar ordinance was instituted in Seattle last year. Under the new Portland ordinance, which applies to all businesses within Portland city limits, businesses…
Washington Court of Appeals Addresses Burdens of Proof in Occupational Disease Cases
Potter v. Department of Labor and Industries, a decision issued yesterday by the Division One Court of Appeals, is a good reminder that building strong medical evidence based on the applicable legal standards can be critical to a case. In June 2007 Ms. Potter’s employer moved into newly remodeled offices. …
A Slim Connection Can Still be a Proximate Cause in Washington
Yesterday, the Court of Appeals, Division 1, released its opinion in Dep’t of Labor and Indus. v. Shirley. Claimant’s low back claim was closed in 2005 with no PPD award. At the time of claim closure he was only taking ibuprofen and no physician was prescribing opioid medications. He never…
Medical Provider Network Reforms in Washington
Beginning January 1, 2013, Washington medical providers will be required to be in the new statewide workers’ compensation medical network in order to treat injured workers beyond an initial office visit or emergency room visit, regardless of whether the injured worker is covered by a self-insured employer or L&I. Beginning…
