Category: Washington Workers’ Compensation
What Constitutes a Protest in Washington?
Any party aggrieved by a Department order may submit a protest within 60 days of the order being communicated to them. In accordance with WAC 296-15-480, a self-insurer must submit a written protest from the worker to the Department within five working days of receipt. A protest need not take…
Good Faith and Fair Dealing: Harsh Penalties and Hazy State Guidance Leave Employers At Risk in Washington
Audits, corrective actions, and withdrawal of certification, oh my! These penalties can cause any seasoned self-insurance administrator to break into a cold sweat, and RCW 51.14.180 grants the Department of Labor and Industries (‘Department’) the right to penalize any employers who run afoul of RCW 51.14.180, the “good faith and…
Washington’s Workplace Rules for Wildfire Smoke: A Brief Refresher
The Pacific Northwest is currently experiencing a record fire season, with smoke from multiple wildfires leading to degraded air quality which can increase health risks to outdoor workers. As poor air quality is expected to continue for the duration of the wildfire season, now is a good time to remind…
WA BIIA 2025 Significant Decisions
Every year, the Board of Industrial Insurance Appeals designates a handful of decisions and orders as “significant.” The Board identified five new significant decisions from 2025 that relate to workers’ compensation laws. Significant decisions are selected because they “have an analysis or decision of substantial importance” to the Board in…
Washington’s Department Medical Network Providers Required to Follow Department Treatment Guidelines Only when “Medically Appropriate”
Much of the focus on the new laws and rules that will come about after this most recent legislative session has been on the Department’s Medical Provider Network and utilization reviews that are set to go into effect in the coming years. However, one of the many changes to the…
New Penalty Increases in Washington in Effect as of July 1, 2026
In 2020, the Legislature enacted a law increasing the statutory penalties for violations of workers’ compensation laws and providing for periodic adjustments for inflation, which are currently set to occur every (3) years. The first adjustment went into effect July 1, 2023 and therefore the next adjustment went into effect…
Are Those Extra Benefits Wages for Washington Workers?
In administering a claim under the Washington Industrial Insurance Act, the first action usually involves determining the injured worker’s wages at the time of injury. This includes compensation derived from all employment, not just the employer of injury. In addition to their pay, a worker’s wages also include certain benefits….
WA Department of Labor & Industries Prologues 3rd Party Recording Service
Independent medical examinations (“IME”) are a frequently used and critical tool in the administration/processing of workers’ compensation claims. In 2023 clamor for change related to the use (and alleged abuse) of these examinations resulted in the WA State Legislature’s passage of SHB 1068, which amended RCW 51.36.070 to include a…
Washington Board of Industrial Insurance Appeals Identifies Significant Decision that Provides Guidance on When a Worker is Voluntarily Retired
On April 8, 2026, the Board of Industrial Insurance Appeals announced it had identified six 2025 Decision & Orders as significant and delisted three prior Decisions & Orders. Significant decisions are ones the Board determines have analysis or decision of substantial importance. Among the identified significant decisions is the case…
What constitutes an appealable decision in Washington?
Each year the Washington Board of Industrial Insurance Appeals designates a few select decisions as “significant.” A significant decision is generally one the Board deems to have precedential importance. The Board has not yet identified its 2025 significant decisions. However, In re Marc Denbo, Dckt. No. 25 13319 (November 25,…
Washington Legislature Passes PTSD Pilot Project Set to Apply to State Fund Employers and Participating Self-Insured Employers
In 2018, the Washington legislature passed SB 6214 which created what has become known as the PTSD presumption amendments for first responders. This presumption was later expanded to include direct care registered nurses in 2024. These amendments have resulted in claims that have proven costly for both state funded and…
Is That Claim Valid in Washington? A Brief Refresher
When a claim is initially filed, the first determination must be whether the claim is an injury or occupational disease. These two claim types are handled differently and have separate requirements. We can break down validity for both an injury and an occupational disease. Industrial Injury Claim When confirming validity,…
The Washington Supreme Court and the Traveling Employee Doctrine – a Recent Case Sheds Light on the Scope and Application of This Doctrine
It is common for jobs to require employees to travel out of state for work. A Washington employee traveling for work is subject to workers’ compensation coverage if he or she is injured throughout the duration of the business trip, including during travel, hotel stays and meals at restaurants. The…
Mark Your Calendars: Inflation Adjustments Take Effect July 1, 2026, for Washington Employers
Washington’s statutory inflation adjustment to penalties for certain violations of workers’ compensation laws will take effect July 1, 2026. The anticipated adjustment for 2026 is 12%. Inflation adjustments are relatively new to workers’ compensation penalties in Washington. Most penalties remained stable from 1985 until September 1, 2020, when the Washington…
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…
