Author: Omeed Ghaffari
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,…
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….
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…
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…
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…
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…
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…