Author: Omeed Ghaffari
Recent Washington Court of Appeals decisions help us understand when an industrial injury aggravates a preexisting condition
It is common for workers to have preexisting conditions at the time of their industrial injury. When assessing the scope of conditions related to the claim, a question often arises as to whether the industrial injury aggravated a preexisting condition. Generally, a worker must establish a causal connection between the…
Navigating claim compensability for injuries outside the State of Washington
Under the Industrial Insurance Act, workers for Washington employers are entitled to benefits for injuries sustained in the course of employment. Under Washington’s extraterritorial statute, this remains true even if the injury occurs outside the territorial limits of the state. Washington courts have recently placed limitations on the extraterritorial statute….
Navigating suspension of benefits and claim closure for Washington claims
There are several reasons why a self-insured employer may move the Department of Labor & Industries to suspend an injured worker’s benefits under the claim. RCW 51.32.110 and WAC 296-14-410 provide guidance for when it is appropriate to request suspension of benefits. These reasons include when an injured worker refuses…
Limitations for self-insured employers in Washington recouping overpayment benefits
During the administration of a workers’ compensation claim, it is common for the self-insured employer or the Department of Labor and Industries to pay the injured worker benefits and later realize it was in error. Sometimes this occurs from the unveiling of new facts, changed medical opinions, or subsequently identifying…
When can a worker reclassify a Washington industrial injury claim to an occupational disease claim?
In Washington, workers’ compensation claims are bifurcated and categorized as an industrial injury or an occupational disease. An “industrial injury” involves a sudden and tangible happening of traumatic nature, producing an immediate or prompt result, and such physical conditions result there from. See RCW 51.08.100. An “occupational disease” involves a…
Reassessing an injured worker’s status for permanent total disability following a reopening application in Washington workers’ compensation
An injured worker is permanently and totally disabled within the meaning of the Industrial Insurance Act when, as a result of the industrial injury, he/she is unable to perform any gainful employment on a reasonable consistent basis existing in the labor market within the worker’s qualifications. After an injured worker…
Limitations on compensability for treating conditions impeding recovery in Washington
Under the compensable consequences doctrine, the consequences for a compensable industrial injury are considered to be part and parcel of the injury itself. The Board has applied this principle in numerous cases. For example, In re George Gillilan involved a claimant who sustained a right inguinal hernia and a low…
Applying Dispositive Motions to Presumption Claims in Washington
The Hanford Presumption was created in HB 1723 back in March of 2018. It created a presumption that certain diseases and conditions, enumerated in RCW 51.32.187, are considered occupationally related to Hanford site workers. The presumption applies to respiratory diseases, heart problems, cancer, beryllium sensitization, beryllium disease, and neurological disease….
