Author: Madeline Mahugh
Updated Guidance on Washington Wage Order Disputes and Issuance of Time Loss
The general principle is that a document must be reasonably calculated to put the Department on notice that the party was taking issue with a Department decision to qualify as a dispute. Boyd v. City of Olympia, 1 Wash.App.2d 17 (2017). Applying this standard the Court of Appeals reached separate…
Washington Department of Labor & Industries Listening Sessions Signal Changes to Claim Process
On January 7 and 23, 2025 the Department held two listening sessions open to attendance by members of the self-insured community regarding The Claims Process Project. These listening sessions were aimed at increasing efficiency and consistency of adjudication and improving accuracy, timeliness, and quality of claim management by all parties…
Washington Proposed Rule-Making for Third Party Recording: Additional Red Tape in an Already Onerous System?
Since the implementation of new rules allowing claimants to record examinations requested by the Department or Self-Insurer in 2023 employers have encountered increased difficulty in obtaining an independent medical examination (IMEs). Many providers expressed concerns about the unpredictable nature of claimants’ use of the recordings, and are not assuaged by…
Guidance on a Washington Workers’ Compensation Occupational Disease in a Post-COVID (Presumption) Era
The Washington Department of Labor & Industries lifted its COVID coverage presumption on April 11, 2023. Under the presumption, frontline workers who tested positive for COVID-19 between February 29, 2020 and April 11, 2023 were automatically considered to have contracted the disease at work and the burden was placed on…
Washington Department of Labor & Industries Implement Changes to Red Card Appeals Processes and Discrimination Adjudication Processes in August
The Washington Department of Labor & Industries intends to implement the provisions of 2021’s Engrossed Substitute House Bill 1097 later this month. This bill made changes to the inspection and appeal process of Orders of Immediate Restraint (OIR), set up an adjudicatory process for discriminatory employer conduct, and provided additional…
