Category: Washington WC Benefits

May 7, 2024
by Christine Olson

Is that Docket Properly before the Board? Recent Board of Industrial Insurance Appeals Actions Caution Washington Employers to Double Check the Appealed Department of Labor & Industries’ Order

Washington’s Board of Industrial Insurance Appeals has long been deemed one of limited jurisdiction – the Board cannot act if it does not have the…

April 23, 2024
by Omeed Ghaffari

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….

July 20, 2022
by Omeed Ghaffari

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…

November 25, 2020
by Dan Schmidt

What Came First: The Acceptance or the Authorization? An exploration of Clark County v. Maphet

In 2019, the Washington Court of Appeals issued Clark County v. Maphet, 451 P.3d 713 (2019). The case held that a self-insured employer authorizing treatment…

August 12, 2020
by Elizabeth Aaberg

Wage Calculation of H-2A Visa Workers in Washington

The United States H-2A visa program allows employers to bring foreign nationals into the country to fill temporary agricultural positions. Due to labor shortages, it…

July 1, 2020
by David White

Washington State Announces 2020 COLA Increase; Affects Temporary Disability Payments Starting July 1st

Under RCW 51.32.075 temporary disability benefits are recalculated July 1st of each year to reflect changes in the states average wage. According to the Washington…

June 10, 2020
by Christine Olson

Back to Basics: While easy to overlook during the COVID-19 pandemic, double checking details in Washington Claims is still as important as ever

As the impacts of COVID-19 continue to occur and affect people and businesses, it is easy to get swept up in the breadth of complexities…

February 1, 2019
by Michael Godfrey

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…

September 16, 2016
by Sarah Ewing

New Washington Supreme Court “Innocent Misrepresentation” Overpayment Case

The Washington Supreme Court issued a new case addressing whether the Department has authority to issue an overpayment order and an order modifying claimant’s compensation…

June 30, 2016
by Lee Ann Lowe


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…

March 25, 2016
by Sam Whalen

Everything you’ve wanted to know about third-party recovery in Washington (but were afraid to ask.)

Recovering claims costs through third-party litigation in Washington can be complicated. If careless, self-insured employers (SIE) can walk away from third-party claims leaving money on…

February 9, 2016
by Sarah Ewing

Lumbar Fusion – New Guidelines for DLI

The Department has issued new stricter guidelines regarding when a proposed lumbar fusion is a medically necessity and clinically appropriate.  These guidelines, effective March 7,…

July 17, 2015
by Lee Ann Lowe

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…

July 1, 2015
by Sarah Ewing

Washington Housekeeping Matters – COLA and Vocational Mileage Reimbursement

COLA Effective July 1, 2015, cost of living adjustments (COLA) will take effect for the benefit period of July 1, 2015 through June 30, 2016. …