Author: Michael Godfrey
Board of Industrial Insurance Appeals Makes In Re Kathleen Houlihan a Significant Decision
On April 29, 2022, the Washington Board of Industrial Insurance Appeals published its new “Significant Decisions” from 2021. The Board issues hundreds of Decisions & Orders each year but designates only a select few as “Significant Decisions.” The Board’s Significant Decisions are important because they provide the Industrial Appeals Judges…
Department of Labor & Industries Amends Emergency Rule for Temporary Housing of Workers
Managing temporary housing for workers has been a significant undertaking for employers since the onset of the Covid-19 pandemic. In May of 2020, the Washington State Department of Health and the Department of Labor & Industries issued emergency rules to provide employers with guidance on how to keep employees safe…
Department of Labor & Industries Updates Medical Treatment Guidelines for Lumbar Spine Surgery
On September 21, 2021, the Washington Department of Labor & Industries published new treatment guidelines for lumbar spine surgery. For those unfamiliar, the Medical Treatment Guidelines are evidence-based review criteria that are developed and updated by the Office of the Medical Director in collaboration with practicing physicians in the relevant…
Board of Industrial Insurance Appeals Conducts Stakeholder Meeting
On May 21, 2021, the Board of Industrial Insurance Appeals held a Stakeholder’s meeting to discuss several important topics. COVID-19 Reopening Status The Board announced they will continue with only telephone or video proceedings through at least September 30, 2021. The Board indicated there is no firm date for resuming…
Washington Legislature Begins 2021 Session: Senate Bill 502
The Washington Legislature started its 2021 session on January 11, 2021 and recently began deliberations on several bills including Senate Bill 5102 which includes numerous troublesome provisions relating to the administration of independent medical examinations, claim file updates/document transmission to the Department of Labor & Industries, and limiting evidence before…
Department of Labor & Industries Requiring New and Updated Forms on October 1, 2020
The Department of Labor & Industries has created new forms and templates for use by self-insured employers, third-party administrators, and Physical and Occupational Therapists. The new forms are required as of October 1, 2020. Several of the existing templates and forms that were part of the 2019 claim processing changes…
Course of Employment in Washington: What Factors are Considered When an Employee is Injured While Working from Home?
As the State of Washington slowly implements its four-phase recovery plan, many employees continue to work remotely from home in various capacities due to the social distancing requirements brought on by COVID-19. As employees continue to work from home, many employers are faced with new claims involving injuries sustained away…
Department of Labor & Industries Issues New Checklist for Willful Misrepresentation
The Department of Labor & Industries recently amended the process and published an amended checklist for employers seeking Willful Misrepresentation orders. The Department’s new checklist for reporting Willful Misrepresentation available here. Pursuant to RCW 51.32.240(5), self-insured employers can demand repayment of any benefits induced by willful misrepresentation along with a…
