Category: Washington Workers’ Compensation

February 1, 2023
by McKenzie Brooks

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…

December 14, 2022
by Joe Urbanski

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…

November 30, 2022
by Rachel Shinville

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…

November 9, 2022
by Christine Olson

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…

November 2, 2022
by Elyse Lopez

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…

November 1, 2022
by Omeed Ghaffari

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…

October 12, 2022
by Elizabeth Aaberg

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…

September 13, 2022
by Moriah Schiewe

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:…

August 10, 2022
by Joe Urbanski

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…

June 15, 2022
by Christine Olson

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…

June 8, 2022
by Michael Godfrey

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 &…

April 27, 2022
by Elizabeth Aaberg

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….

April 6, 2022
by David White

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…

March 23, 2022
by Joe Urbanski

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…

February 16, 2022
by Christine Olson

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…

January 5, 2022
by Sarah Cohen

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…

November 24, 2021
by David White

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…

November 2, 2021
by Dan Schmidt

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…

October 27, 2021
by Christine Olson

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…

September 22, 2021
by Michael Godfrey

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…

August 25, 2021
by Kara Cogswell

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…

August 4, 2021
by Elizabeth Aaberg

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…

June 9, 2021
by Michael Godfrey

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…

June 2, 2021
by Christine Olson

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…

May 5, 2021
by Sarah Cohen

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,…