Category: Washington Workers’ Compensation
When to request a segregation order on a newly contended condition in Washington
The Department of Labor and Industries recently addressed when it believes a request for a segregation order is appropriate on newly contended conditions. A condition…
Is that a protest?
The Washington Industrial Insurance Act allows parties aggrieved by Department orders to request in writing reconsideration, known as a protest, of the order within 60-days…
Washington L&I Proposed Changes to Presumptive Coverage of PTSD as an Occupational Disease – Feedback Due by January 13
On November 22, 2022, the Department of Labor & Industries filed a Notice of Proposed Rulemaking seeking to amend WAC 296-14-300 to clarify coverage of…
Washington’s Board of Industrial Insurance Appeals Limits Workers’ Ability to Add Occupational Disease Conditions to Industrial Injury Claims in Tentatively Significant Decision
In some Washington workers’ compensation cases, a significant hurdle can be determining whether a condition in a worker’s claim resulted from an industrial injury or…
Securing Claim Closure in Washington
So you want to close a claim or secure settlement of a claim but the worker isn’t old enough for a claim resolution settlement agreement…
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…
Proximate Cause – The Often Overlooked Requirement for Claim Reopening in Washington
In order to reopen a workers’ compensation claim in Washington, a worker must establish that an accepted condition has objectively worsened since the date the…
Monkeypox is on the rise in the State of Washington. What does that mean for occupational disease claims?
Is this the beginning of another global health crisis? In the wake of the COVID-19 pandemic, the world is facing yet another global health crisis:…
Claimant Died: Now What?
It is commonly said that there are only two constants in life: death and taxes. While Washington workers’ compensation benefits are generally tax free, death…
Washington’s Department of Labor & Industries Issues Q&A for New IME Rules and Guidelines
The Department of Labor & Industries’ new rules and guidelines for independent medical examinations (IME) went into effect on April 23, 2022. These rules and…
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 &…
Washington L&I Conducts Ambient Heat Exposure Rulemaking
The Department is conducting rulemaking to update the requirements for occupational heat exposure from high ambient temperatures in all industries, including outdoor and indoor exposures….
New L&I Rules Regarding IMEs Take Effect April 23, 2022
Starting April 23, 2022 the Washington Department of Labor & Industries will be implementing new rules regarding IME notices and what constitutes a “case progress…
Washington Legislature Potentially Provides Extended Benefits to Claimants on Reopen Applications
The Washington Industrial Insurance Act allows claimants to reopen their claims following closure when the conditions proximately related to their industrial injury or occupational disease…
Washington’s Board of Industrial Insurance Appeals Provides Some Guidance in Applying Maphet
Ever since the Washington Court of Appeals issued the Clark County v. Maphet decision in late 2019, employers have struggled with the ramifications and implications…
A New Year Means New Rules and Guidelines
As we hit the ground running in 2022, there are few rule changes to keep in mind when administering claims in Washington. I’ve included a…
Washington Court of Appeals Issues Decision Restricting Type of Evidence to Rebut Firefighters’ Presumption
In a recently published decision, Bradley v. City of Olympia, the Washington Court of Appeals clarified the type of evidence an employer or the Department…
Long COVID and Its Workers’ Compensation Implications in Washington
While COVID-19 still dominates all aspects of the workforce and complicates decisions on when to request that workers come back to in-person working, a new…
In re: Katherine Bard: A Tentatively Significant Board Decision
Every year, Washington’s Board of Industrial Insurance Appeals determines whether any of the decisions or orders issued that year should be designated as a “significant…
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…
Board’s 2020 Significant Decisions Include Two of Interest to First Responder Employers
The Washington Board of Industrial Insurance Appeals recently published its list of Significant Decisions for 2020. Per WAC 263-12-194, these are decisions which the Board…
Potential New Rules Regarding IMEs in Washington
Effective January 1, 2021, legislative revisions to RCW 51.36.070 narrowed the circumstances under which self-insured employers may require a claimant to attend an independent medical…
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…
Washington’s Department of Labor & Industries Issues Updated SIF-2 Forms and Addendum to Prior SIF-2 Forms for Use by June 30, 2021
While most of the focus in workers’ compensation’s recent legislative developments and changes are focused on those brought about by the ongoing COVID-19 pandemic, it…
Governor Inslee Expected to Sign Additional COVID-19 Related Legislation
Over the past year, the Washington legislature has passed several bills meant to protect workers from the impacts of COVID-19. During the most recent session,…
