Category: Washington Workers’ Compensation

March 25, 2024
by Elizabeth Aaberg

How to Collect an Overpayment in Washington

It is not uncommon for an overpayment of benefits to occur during the administration a workers’ compensation claim. An overpayment may arise due to clerical…

March 13, 2024
by Sara Densmore

Washington Significant Vocational Board Decisions

Two significant decisions regarding the vocational process were recently determined by the Board of Industrial Insurance Appeals. In re Michael Killpatrick BIIA Dec., 21 13384…

February 27, 2024
by Madeline Mahugh

Guidance on a Washington Workers’ Compensation Occupational Disease in a Post-COVID (Presumption) Era

The Washington Department of Labor & Industries lifted its COVID coverage presumption on April 11, 2023. Under the presumption, frontline workers who tested positive for…

February 13, 2024
by Nathan McFadden

New Washington case provides limitations to Maphet

For self-insured employers in Washington, one of the most significant decisions in recent years was the Washington Court of Appeals’ 2019 opinion in Clark County…

January 3, 2024
by McKenzie Brooks

Substitute House Bill Passed to Address Surgical Smoke Hazards in Washington

Governor Jay Inslee signed into law Substitute House Bill (SHB) 1779 to address surgical smoke hazards in hospitals and ambulatory surgical centers in hopes to…

December 5, 2023
by Elizabeth Aaberg

When can a Washington self-insured employer issue a closing order?

Generally, when a Washington workers’ compensation claim is ready for closure, a self-insured employer will submit a request for claim closure to the Department and…

November 15, 2023
by Sara Densmore

Have you or someone you know been negatively affected by the new Washington IME rules? Get help here!

The new Washington Independent Medical Exam (IME) recording and co-recording rules have made obtaining an IME even more difficult than when they were limited by…

October 17, 2023
by Christine Olson

All Washington Self-Insured Employers Should Be Aware of (And Attend if Possible) the Department of Labor & Industries “Listening Sessions” Regarding the Newly Enacted “Bad Faith” Laws

The Washington legislature passed one of two pieces of legislation that creates new duties and standards for some self-insured employers. Substitute House Bill 1521 is…

October 4, 2023
by Omeed Ghaffari

Limitations for self-insured employers in Washington recouping overpayment benefits

During the administration of a workers’ compensation claim, it is common for the self-insured employer or the Department of Labor and Industries to pay the…

September 12, 2023
by Joe Urbanski

Washington L&I may add nurses to PTSD presumption

On September 7, 2023, the Department of Labor and Industries issues a notice of proposed rulemaking seeking adding a new section to WAC 296-14-300 adding…

August 24, 2023
by Zachary Goldberg-Johns

What Decision? Washington requirements on Communication and Mailing.

RCW 51.52.060 sets forth the Department’s rules regarding the timeline to appeal a decision. It explains that any party (with the exception of certain enumerated…

July 18, 2023
by McKenzie Brooks

New Notice Requirement for Independent Medical Examinations in Washington Effective July 23, 2023.

Substitute House Bill (SHB) 1068 was adopted into law by the legislature effective July 23, 2023. This legislation amends RCW 51.36.070, giving workers the right…

June 6, 2023
by Joe Urbanski

New PTSD Presumption for Registered Nurses in Washington

On May 9, 2023, Governor Jay Inslee signed SB 5454 into law further expanding the number of presumptions under the Washington Industrial Insurance Act. SB…

April 26, 2023
by Christine Olson

Washington’s Department of Labor & Industries Announces Changes to Covid-19 Presumption and IME Rules

As the saying goes, change is constant. Never, it seems, has this saying been more applicable to Washington workers’ compensation laws and claims administration. The…

April 11, 2023
by Omeed Ghaffari

When can a worker reclassify a Washington industrial injury claim to an occupational disease claim?

In Washington, workers’ compensation claims are bifurcated and categorized as an industrial injury or an occupational disease. An “industrial injury” involves a sudden and tangible…

March 29, 2023
by Kara Cogswell Kidder

New Washington Board Decision Addresses Closure of Claims When Worker Deceased

The Washington Board of Industrial Insurance Appeals recently designated a new significant decision addressing the situation where a worker dies for unrelated reasons with an…

March 20, 2023
by Elizabeth Aaberg

Washington Board of Industrial Insurance Appeals Makes In Re Michael Reed a Significant Decision

On March 7, 2023, the Washington Board of Industrial Insurance Appeals published its Significant Decisions from 2022. Each year the Board classifies a small number…

February 22, 2023
by David White

Washington Legislature Considers Bills to Drastically Increase Penalties and Impose Standard of Care on Self Insured Employer’s/TPAs

As part of the current session, the Washington State legislature is considering bills in the House and Senate which impose a duty of good faith…

February 15, 2023
by Zachary Goldberg-Johns

No Doctor, No Problem? Rule 904 & Washington State Claims

There are many reasons, despite the best efforts of adjusters, adjudicators, and attorneys, that a workers compensation claim may take a while to resolve. Long…

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 Waters

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…