Category: Washington Workers’ Compensation
Postmark Defined: How a New USPS Rule Could Affect Mail Delivery Dates in Washington
A new United States Postal Service (USPS) rule which went into effect on December 24, 2025, formally defines the meaning of a postmark and seeks to clarify the relationship between postmarks and the date of mailing. The rule, which added section 608.22, “Postmarks and Postal Possession,” to the Domestic Mail…
Is your IME Appointment Notice Compliant for the Requirements Provided for Washington Self-Insured Employers?
In recent years, the Department of Labor and Industries has increased its scrutiny of how self-insured employers schedule and send notice for Independent Medical Examinations (IMEs). Failure to follow the rules can result in cancellation of examinations, penalties, and delayed claim processing. RCW 51.36.070 outlines when the self-insured employer may…
Updated Guidance on Washington Wage Order Disputes and Issuance of Time Loss
The general principle is that a document must be reasonably calculated to put the Department on notice that the party was taking issue with a Department decision to qualify as a dispute. Boyd v. City of Olympia, 1 Wash.App.2d 17 (2017). Applying this standard the Court of Appeals reached separate…
Washington State HTCC Decisions: Is Additional Medical Support Required to Defend Treatment Denial?
I know what you are thinking: what is the HTCC? In 2006, Washington State created the Health Technology Committee (HTCC) to make coverage decisions for selected health technologies. Governed by the Washington State Health Care Authority, the HTCC’s decisions are followed by state purchased health care programs including the Department…
From Rigging to Raising: Washington L&I’s New Crane Rules
On August 5, 2025, the Department of Labor & Industries Division of Occupational Safety and Health (DOSH) filed a Permanent Rulemaking (CR-103) related to cranes, rigging, and personnel lifting. This rulemaking became effective on September 5, 2025, and seeks to provide clarity on the Department of Labor & Industries’ interpretation…
They are injured in Washington but are they a worker?
The Washington Industrial Insurance Act provides sure and certain relief for Washington workers injured in the course of their employment. The current no-fault system was created as part of the grand bargain between employers and workers, in which workers receive medical care and indemnity benefits in exchange for giving up…
Changes to the Washington Department of Labor & Industries Loss of Earning Power Compensation Policy
Loss of Earning Power (LEP) under RCW 51.32.090 requires the self-insurer to compensate a worker when the worker’s earning capacity has decreased as a result of the industrial injury or occupational disease. The Department instituted a new LEP policy effective July 1, 2025. Policy 5.81 states that the worker must…
Washington Department of Labor & Industries Creates Guideline for Post-Traumatic Stress Disorder Claims
Prior to June 2018, all occupational disease claims alleging mental health conditions due to stress were completely barred. However, that changed in 2018 when the legislature created exceptions allowing law enforcement officers and firefighters who met specific criteria to file occupational exposure claims for post-traumatic stress disorder (PTSD). This exception…
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…
ICYMI: Washington workers’ compensation COLA increase goes into effect as of 7/1/2025
It’s that time of year again: COLA increase! Every year, the Department recalculates benefits to reflect the annual changes in the state’s average wage as determined by the Washington State Employment Security Department. As of July 1, 2025, the COLA increase of 6.8 % went into effect, raising the maximum…
Psychologists Now Allowed to Serve as Attending Providers in Washington
Previously, psychologists were not permitted to serve as an attending provider in Washington workers’ compensation claims. However, House Bill 1197, which was passed during the 2023 legislative session, will update RCW 51.28.020 to allow psychologists to serve as an attending provider for workers’ compensation claims that solely involve mental health…
WA Changes to Claim Administration to Tighten Deadlines
In Washington, the workers’ compensation system is designed to provide prompt medical treatment to affected workers so that the worker can return to work as promptly as possible. As a result, while the employer has the right to investigate claims prior to accepting a claim, the employer is held to…
WA BIIA 2024 Significant Decisions
Every year the Washington Board of Industrial Insurance Appeals designates several notable decisions each year as significant. A significant decision is one which the Board considers to have an analysis or decision of substantial importance to the Board. For 2024, the Board designated the following decision as significant: In re…
Washington Hearing Loss Claims – Refresh Your Knowledge!
In Washington, hearing loss claims timeframes for filing are governed under RCW 51.28.055. If there is reported hearing loss resulting from a sudden single event, this is considered conductive hearing loss, which is distinguished from an occupational disease claim. For an injury of this nature and to be considered timely,…
In Washington, Can a Worker Successfully Pursue an Occupational Disease Condition under an Open Industrial Injury Claim?
When a claim has been accepted, and compensation has been paid, the self-insurer is required to send the Department the SIF-2, the claim allowance request form, the SIF-5, and an explanation and documentation used to determine the date of manifestation for occupational disease claims. At that point, the Department will…
Washington Department of Labor & Industries Listening Sessions Signal Changes to Claim Process
On January 7 and 23, 2025 the Department held two listening sessions open to attendance by members of the self-insured community regarding The Claims Process Project. These listening sessions were aimed at increasing efficiency and consistency of adjudication and improving accuracy, timeliness, and quality of claim management by all parties…
Washington L&I Self-Insurance Reminders About Employer Claim Closures
Happy 2025 from SBH Legal! Let’s start the year off with a refresh on self-insured employer closures in Washington. Self-insured employers have the authority to close claims if: (1) there have been no Department Orders resolving a dispute, (2) the claimant has returned to work for the same employer or…
Washington’s Department of Labor & Industries Announces Mystery Listening Sessions
Listening sessions scheduled by the Department of Labor & Industries are nothing new. It is common practice for the Department to ask for feedback from those directly or indirectly impacted by its rulemaking process and procedures. A recent notable series of listening sessions occurred when the Department was developing, drafting,…
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….
Washington L&I Expands Coverage for Acupuncture Treatment
The Washington Department of Labor & Industries recently adopted a new policy approving acupuncture as a covered treatment for chronic migraine when accepted under a workers compensation claim. Previously, acupuncture was a covered benefit only for treatment of accepted lumbar conditions. The Department adopted its lumbar coverage policy for acupuncture…
What constitutes a valid light duty job offer in Washington?
If an injured worker is not able to perform their job of injury, but is able to perform some type of work, offering a light duty job is often a good option. For a light duty job offer to be “valid” pursuant to RCW 51.32.090(b): A job description or job…
In Washington, willful or not, misrepresentation puts you on the spot
Everyone can agree, when you take something that you are not entitled to, there are consequences that follow. In Washington worker’s compensation claims it is no different. The Washington Administrative Code speaks to when an injured worker willfully, intentionally, and/or deliberately takes or accepts benefits that they are not entitled…
Washington Proposed Rule-Making for Third Party Recording: Additional Red Tape in an Already Onerous System?
Since the implementation of new rules allowing claimants to record examinations requested by the Department or Self-Insurer in 2023 employers have encountered increased difficulty in obtaining an independent medical examination (IMEs). Many providers expressed concerns about the unpredictable nature of claimants’ use of the recordings, and are not assuaged by…
Washington Court of Appeals: New Insight on Notice and the Authority of DLI Policies
In the State of Washington, employers are required to give notice of a mandatory IME at least 14 to 60 days prior to the examination, and must provide the worker with the date, time, and location of the exam. But is the worker free to miss the exam without penalty…
Washington State Approves Spinal Cord Stimulation for Certain Pain Conditions
On June 14, 2024, there was a final adoption of new guidelines for spinal cord stimulation (SCS). Spinal cord stimulation is a treatment for chronic pain involving the insertion of electrodes into the epidural space near the spinal cord that are connected to an internal or external electrical pulse generator….
